The nonpartisan leader., 1921-08-08
FORECLOSURE

EOhESLOOOhE --'.<
The bank is foreclosing mortgage on
my personal property, consisting of grain
and other personal property which is not
in my possession. The sheriff came to my
place place an and M persuaded s me to give him re-
erty for him during the foreclosure. If I
fail to deliver the property am I bound by
this receipt? =: am thinking Of going
my personal property. Would this mort
gage go ahead of the banks mortgage?-
1. No, you can explain the circurn-
stances under which you gave the re-
ceipt to the sheriff and show that you
did not have the property at that
time, but if your mortgage required
you to secure the consent of the bank
before you could move the property
or sell it, the fact that it is not in your
possession now would prove clearly
that you had violated the terms of the
mortgage. And under these circunl-
stances you could be prosecuted for
selling the property. 2. No. If you
went into bankruptcy within four
months after the mortgage was exc
cuted, the mortgage would not be of
any validity. The property would
have to be turned over to your cred
itors share and share alike.
CHATTEL MORTGAGE
1. If hold chattel mortgage on live
gagor moves to Canada with them with
out my consent, what can do about it?
T. Can 4nanaeads deficiency Judgment in Montana
The party against whom it is recorded :
lives in Canada. g.. What is the law in
Montana If the party owing the has
gone to Canada? 4. What use or rights
has mortgagor. in the property covered
by the mortgage? Can he use it for his
own purposes IA. L. H.
1. If your mortgage contains pro-
vision that the property was not to be
moved or sold without your consent,
you can have the mortgagor arrested
for fraud or larceny and brought back
to Montana for trial. Or if you prefer
you can file suit against him in Cana
da for the value of the property. 2.
Yes, it can be transferred and collect
ed. 3. They can be collected in Cana
"a IT the party has any property. 4.
The rights of the mortgagor and mort
gagee in reference to personal prop
erty depends wholly and entirely upon
the terms of the mortgage given to
secure the debt and for that reason I
am unable to advise with reference to
your other questions without a copy
of the mortgage.
WIDOWER'S RIGHTS
I was widower and married a widow
woman. We both had grown-up children
when we married I had some property;
she had none. Now she is dead and what
l want to know is, her children hold
share of my property that ! had when
we were married? Neither she nor her
children ever earned cent of + it.
D.. J. B. Y. -.
No, her children have no rights in
your property, but I would advise that
you make will disposing of your
property in order that there may not
be any confusion after you are dead.
COMPENSATION LAW
I. Does the Minnesota workmen's COM
furnishes the machine crew only and re-
quires the farmer to pay the crew? 2.
What is liability when working at
home for ourselves? 3. What is our liza
bility if we do not comply with the act
C. II. G.
/. The act provides that it is not to
be construed or held to apply to any
common carrier, domestic servants,
farm laborers or persons whose em-
ployment at the time of the injury is
| cacua1 and not in tho actual corrsn 0f