Eagle Rock Corp. v. Idamont Hotel Co.

BUDGE, J. —

The instant action arose from the judgment of foreclosure of a mortgage entered January 19, 1938, the facts of which will be found reported in Eagle Rock Corp. v. Idamont Hotel Co., 59 Ida. 413, 85 Pac. (2d) 242, the opinion filed October 4, 1938, on an appeal from the judgment.

On February 9, 1938, an execution in foreclosure was issued and delivered to the sheriff with directions to sell the property described in the decree of foreclosure and order of sale and the property was advertised for sale.

On March 3, 1938, the Idamont Hotel Company took the appeal from the judgment of…