Reagan v. Armstrong

• Court: Montana Supreme Court
• Writing for the Court: ADAIR, Justice.
• Citation: Reagan v. Armstrong, 118 Mont. 273, 165 P.2d 1004 (Mont. 1946)
• Decision Date: 18 January 1946
• Docket Number: 8556.
• Parties: REAGAN v. ARMSTRONG, Sheriff.

165 P.2d 1004

118 Mont. 273

REAGAN v. ARMSTRONG, Sheriff.

No. 8556.

Supreme Court of Montana

January 18, 1946

Rehearing Denied March 4, 1946.

Appeal from District Court, Ninth District, Glacier County; Dean King, Judge.

Action by Nedra Reagan against A. E. Armstrong, Sheriff of Glacier County, Mont., for conversion of mares alleged to have been seized by defendant, wherein, Sherburne Mercantile Company, a corporation, and another intervened. From an adverse judgment, plaintiff appeals.

Affirmed.

S. J Rigney, of Cut Bank, for appellant.

Lloyd A. Murrills, of Cut Bank, and W. R McDonald, of Browning, for respondent.

ADAIR Justice.

The plaintiff, Nedra Reagan, commenced this action to recover of the defendant, A. E. Armstrong, sheriff of Glacier County Montana, damages for the conversion of four particularly described mares of the reasonable value of $300 each, alleged to have been wrongfully, maliciously and unlawfully seized on or about the 16 day of August 1940 by the defendant sheriff.

The defendant filed an answer admitting that at the time alleged he was the sheriff of Glacier county, Montana, but denying generally all plaintiff's other allegations.

As a second defense, the defendant alleges that at the times mentioned the mares were 'the property of J. J Galbreath, J. W. Galbreath, Galen G. Galbreath, Kenneth Galbreath, Edward Aubert and Frank Aubert, or all of them and not the property of Plaintiff.'

As a third separate defense, defendant pleaded estoppel.

For a fourth separate defense the defendant alleged that plaintiff's claim of title is based upon an alleged transfer to her of the animals made by a transferor who subsequently made, executed and delivered a chattel mortgage covering the property; that the alleged transfer was not accompanied by an immediate delivery nor was it followed by an actual and continued change of possession of the things transferred for which reasons the transfer is fraudulent and void as against the owners and holders for value of the promissory notes and chattel mortgage securing same made, executed and delivered by the transferor and as against the defendant sheriff acting at the direction of the mortgagees and pursuant to the terms of the chattel mortgage after default by the transferor mortgagor who remained in possession of the described property until the seizure thereof by the sheriff. By reply plaintiff denied generally the allegations of each separate defense contained in defendant's answer.

On petition therefor the District Court permitted the mortgagees named in the above chattel mortgage, viz.: Sherburne Mercantile Company, a corporation, and R. B. Fraser, to file a complaint in intervention setting forth three separate causes of action based upon the same grounds and ultimate facts pleaded in the answer of defendant.

The plaintiff by answer denied generally the allegations of the complaint in intervention. The cause was tried to a jury and verdict returned for defendant and interveners. From the judgment on such verdict plaintiff has appealed.

Plaintiff contends that, 'the verdict of the jury and judgment is contrary to law and the evidence.'

In her pleadings the plaintiff alleged that at the time the sheriff seized the property she 'was and still is the owner of and entitled to the immediate possession of' four described mares all sired by a stallion named 'Plenipotentiary' and each branded Lazy H X on the left jaw.

Plaintiff testified that she is a daughter of J. J. Galbreath and a sister of Galen G. Galbreath; that the four described mares claimed by her in this cause were formerly owned by her brother, Galen G. Galbreath, and kept by the latter on the J. J. Galbreath ranch located about 30 miles north of Browning in Glacier county, Montana, where Galen, as well as three of his brothers, resided with their father; that in the year 1936 she traded Galen certain cattle for the animals which were then colts; that at the time of the trade she was in Milwaukee, Wisconsin, where she then resided and that her brother Galen selected the horses which she was to receive in exchange for her cattle; that she trusted Galen's judgment in selecting the horses and that it was probably two and a half years after the trade before she returned to Montana and saw the animals for which she had traded; that the animals were kept at the J. J. Galbreath ranch before her trade with Galen and that after the trade Galen continued to pasture the animals at the same ranch and perhaps use them as he had before; that in August 1940 when the defendant sheriff seized the mares, the plaintiff was then employed and residing at St. Mary's Chalet, in Glacier National Park.

Galen G. Galbreath, a witness for plaintiff, testified that in 1936 he traded plaintiff two mares and ten head of colts for eight or nine head of stock cattle owned by her; that the four mares described by plaintiff in her pleadings are either animals which he transferred to plaintiff in 1936 or their off-spring; that four of the colts so transferred by him to plaintiff were eligible for registration with the American...