First National Bank v. Marshall
Montana Supreme Court
Chattel Mortgages — Renewal—Single Debt — Several Notes— Statutory Provisions — Subsequent Encumbrancers. Appeal from District Court, Custer County; C. C. Hurley, Judge. Action by the First National Bank of Miles City, a corporation, against W. C. Marshall and the Commercial State Bank of Miles City. From a judgment for defendant bank, plaintiff appeals.
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Chattel Mortgages — Renewal—Single Debt — Several Notes— Statutory Provisions — Subsequent Encumbrancers. Appeal from District Court, Custer County; C. C. Hurley, Judge. Action by the First National Bank of Miles City, a corporation, against W. C. Marshall and the Commercial State Bank of Miles City. From a judgment for defendant bank, plaintiff appeals. As we view the language of sections 5762 and 5763, Revised Codes, it became necessary for the Commercial State Bank, in order to maintain and sustain the validity of its mortgage lien as against the plaintiff, a subsequent mortgagee of…
1Opinion of the CourtChief Justice Brantly
This is an appeal by the plaintiff, the First National Bank of Miles City, Custer county, from a decree rendered against it and in favor of defendant Commercial State Bank, of the same place, hereafter referred to as the defendant bank, in an action brought by the former to foreclose a mortgage executed to it by the defendant Marshall. This defendant failed to appear and his default was entered. Though formal issues were made between the plaintiff and the defendant bank, the cause was submitted for decision upon an agreed statement of facts, which may be epitomized as follows:
On December 13,…
2Cases cited6 opinions
- Barbour v. WhiteIllinois Supreme Court · 1865
- Cleaves v. HerbertIllinois Supreme Court · 1871
- Rosenbaum Bros. v. Ryan Bros. CattleMontana Supreme Court · 1906
- First State Bank of Ardmore v. King McCantsSupreme Court of Oklahoma · 1913
- Chapin v. WhitsettSupreme Court of Colorado · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chester State Bank v. Minneapolis Threshing Machine Co.Montana Supreme Court · 1920