Largey v. Sedman
Montana Supreme Court
Appeal from First District, Madison County. This action was tried by Blare, J. The call of the mortgage is not and does not purport to be a conveyance of the undivided half of all of the property of the Montana Flume and M. Co. It might as well be contended that it would convey an interest in the property of the company outside the county named, or this Territory, as outside of the particular section, town and range named.
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Appeal from First District, Madison County. This action was tried by Blare, J. The call of the mortgage is not and does not purport to be a conveyance of the undivided half of all of the property of the Montana Flume and M. Co. It might as well be contended that it would convey an interest in the property of the company outside the county named, or this Territory, as outside of the particular section, town and range named. The call of the mortgage is clear and specific, and no evidence was offered and none would be admissible to explain or qualify it in any manner. 3 Washb. Beal. Prop. 404,…
1Opinion of the Court
Wade, C. <T.
1. This is an appeal from a decree of foreclosure. The defendants Griffith and Thompson made default. The cause was tried to the court and findings of fact made upon the issue joined by the defendant Sedman. Objection is made to Sed-man Js appeal for the reason alleged that the same is taken from a part of the judgment and that appellate courts will not review judgments by piecemeal. We have already decided in Barkley v. Logon, 2 Mon. 296, and Plaisted v. Nowlan, id. 359, that an appeal from a part of a judgment cannot be entertained. The judgment and decree authorizes the sale of…
2Cases cited1 opinion
- Barney v. MillerSupreme Court of Iowa · 1865
3Cited by7 opinions
- Wills v. MorrisMontana Supreme Court · 1935
- Bitter Root Irrigation District v. CooneyMontana Supreme Court · 1923
- Lloyd v. SullivanMontana Supreme Court · 1890
- Withers v. KemperMontana Supreme Court · 1901
- Lohman v. PoorMontana Supreme Court · 1923
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