Legal Opinion

Unfried v. Libert

Idaho Supreme Court

Decided December 5, 1911PublishedCited by 42 opinions

APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. E. C. Steele, Judge. Action to recover damages for the conversion of personal property. Judgment for plaintiff. Defendant appeals. The order vacating the appointment of the receiver did not require appellant to restore possession of the property to respondents nor adjudicate that he did not have the right to keep possession of the property pending the foreclosure action.

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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. E. C. Steele, Judge. Action to recover damages for the conversion of personal property. Judgment for plaintiff. Defendant appeals. The order vacating the appointment of the receiver did not require appellant to restore possession of the property to respondents nor adjudicate that he did not have the right to keep possession of the property pending the foreclosure action. The order being void did not, under the circumstances herein, deprive him of the right to keep possession. {Atkinson v. Burt, 65 Ark.…

1Opinion of the CourtStewart, C. J.

On October 23, 1905, the respondents, Fred Unfried and Sylvia Unfried, borrowed from the appellant, William A. Libert, the sum of $5,000, and executed therefor three certain promissory notes, all dated on the said 23d of October, 1905, as follows: $1,000 due June 15, 1906, drawing interest at 12%; one note for $2,000, due June 15, 1907, drawing interest at 12%; and one note for $2,000, due June 15, 1908, drawing interest at 12%; and to secure said notes the respondents executed to the appellant a chattel mortgage upon personal property located in Garfield county, state of Washington. The…

2Cases cited3 opinions

  1. Libert v. UnfriedWashington Supreme Court · 1907
  2. Lyles v. PerrinCalifornia Supreme Court · 1897
  3. Mabb v. StewartCalifornia Supreme Court · 1901

3Cited by42 opinions

  1. Anderson v. WhippleIdaho Supreme Court · 1951
  2. Graves v. CupicIdaho Supreme Court · 1954
  3. Boise Dodge, Inc. v. ClarkIdaho Supreme Court · 1969
  4. Jolley v. Puregro CompanyIdaho Supreme Court · 1972
  5. Watkins v. LaytonSupreme Court of Kansas · 1958

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