(DOWNLOAD) "Williard Et Al. v. Federal Surety Co." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Williard Et Al. v. Federal Surety Co.
- Author : Supreme Court of Montana
- Release Date : January 29, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Attachment ? Oil and Gas Leases ? Nature of Property ? Dissolution of Attachment ? Action on Bond ? Damages Recoverable ? Estoppel. Oil and Gas ? While in Ground, Part of Realty. 1. So long as petroleum and gas remain in the ground they are part of the realty and as such subject to the owners control. Same ? Lease ? Nature of Right of Lessee ? Attachment. 2. The right to search for oil or gas under a lease granting the lessee the right to appropriate them as personal property when found, upon yielding to the lessor an agreed royalty, is a right to take a profit from the land of another ? the common-law profit a prendre; it is an interest in real property and attachable as such in the manner prescribed by section 9262, Revised Codes of 1921, for attaching real property. Attachment ? Action on Bond ? Estoppel on Part of Obligor. 3. In an action on a bond given to procure an attachment, the obligor is estopped to deny the validity of the attachment proceeding, and on the sheriffs return of an attachment levy, the obligor will not be heard to question the legality of the levy. Same ? Action on Bond ? Effect of Judgment Dissolving Attachment. 4. A judgment on the merits dissolving an attachment is conclusive, in a subsequent action on the bond given to procure it to recover the damages flowing from its levy, that the writ was wrongfully issued. Same ? Damages Recoverable in Action on Bond. 5. Plaintiff in an action on an attachment bond may recover as damages the amount paid, or contracted to be paid, by him in bringing about a dissolution of the attachment. Oil and Gas Lease ? Attachment ? Nature of Property Attached ? Improper Exclusion of Testimony in Action on Bond. 6. Under the above rules, held, in an action on a bond given to procure an attachment on oil and gas leases levied upon as real property in the manner provided by subdivision 1 of section 9262, Revised Codes of 1921, that the trial court erred in excluding testimony relating to damages sustained by plaintiff because of the attachment, basing its action on the erroneous theory that the attachment was illegal in that the leases were personal property and that the damages claimed could have been avoided by prompt motion to dissolve the attachment on that ground. - Page 466
 "Williard Et Al. v. Federal Surety Co." by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}