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STATE EX REL. FOSS v. DISTRICT COURT

No. 11566.

446 P.2d 707 (1968)

The STATE of Montana ex rel. Sam T. FOSS, Petitioner, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF RAVALLI and the Honorable Emmet Glore, District Judge, Defendants.

Supreme Court of Montana.

Decided November 1, 1968.

Rehearing Denied November 14, 1968.

Attorney(s) appearing for the Case

William Boone (argued), Missoula, for appellant.

Harold L. Holt (argued), Emmet Glore, District Judge, Missoula, appeared, for respondent.

PER CURIAM:

This is an original proceeding seeking a writ of supervisory control. The purpose for which the writ is sought is to compel the district court of Ravalli County to issue a writ of assistance placing the purchaser at a sheriff's sale under mortgage foreclosure into possession of the lands involved.

In 1964 Dix Turnbow Nicholas G. Morgan, Sr., Virgil V. Peterson, Alan C.F. Dille, and Cecil L. Smith executed a real estate mortgage to Sam T. Foss securing...

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