Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 7

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...Cook v. Hagar, 3 Col. 389; Crane v. Chander, 5 Col. 21; Porter v. Dement, 35 Ill. 480. Unless the terms of the statute are complied with, a conveyance is not entitled to be recorded. The pretended record, therefore, of the mortgage under discussion, was a nullity, and imparted no notice to creditors of the mortgagor. Jones on Chattel Mortgages, sec. 248; Ilastings v. Vaughn, 5 Cal. 319; Selking v. Hebel, 1 Mo. App. 340; Meakimon v. Day, 10 Pac. Rep. 16. GALBRAITH, J. This was an action brought by the appellants, who were the mortgagees of one Clarke, to recover the value of certain property included in the mortgage, alleged to have been seized upon execution by the respondent, McDevitt, as sheriff, at the instance of his co-respondents, and by him converted to their use. The only question necessary for our consideration in this case is as to the validity of the affidavit made to the mortgage. If this is defective, as not being the affidavit required by the statute in relation to this subject, the mortgage itself is void as to the respondents. The afii davit to the mortgage is substantially the same as that in the case of Butte Hardware Co. v. Sfullivan, ante, p. 307. The only distinction between that case and the one under consideration is, that in the former the mortgage was made to the individuals constituting the partnership, and describing them as partners under their firm name, while in the latter it is made only to the firm, in the firm name, viz., I. G. Baker & Co. The name of the person who, it is claimed, made and signed the affidavit in behalf of the firm of I. G. Baker & Co. is Charles E. Conrad. There is nothing in the affidavit and nothing in the mortgage, if recourse could be had thereto for ex planation, more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • English
  • Illustrations, black and white
  • 1236894774
  • 9781236894779