SCHULZ v. FOX

No. 10033.

345 P.2d 1045 (1959)

Vera SCHULZ, Plaintiff and Respondent, v. B. C. FOX, Defendant and Appellant, and E.E. Brabender, Defendant.

Supreme Court of Montana.

Decided October 22, 1959.

Rehearing Denied November 23, 1959.


Attorney(s) appearing for the Case

Collins & Burns, John Collins, Dillon, for appellant. John Collins argued orally.

Poore & Poore, Robert A. Poore and Urban L. Roth, Butte, for respondent. Robert A. Poore and Urban L. Roth argued orally.


CASTLES, Justice.

This action was brought to have a certain promissory note and chattel mortgage, given as security, declared void and unenforceable and to enjoin the sheriff from proceeding with a threatened foreclosure sale of the mortgaged property. The parties were married on November 24, 1947, in Nogales, Arizona. The defendant was a mature person, apparently in his fifties, and was employed by the Fish and Game Department...

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