On Rehearing

A further study of this case has convinced me that the judgment of nonsuit must be affirmed, but for reasons somewhat different from those advanced in the principal opinion. The cases of Cederholm v. Loofborrow, 2 Idaho 191, 9 P. 641, andOuld v. Stoddard, 54 Cal. 613, are not controlling. Claim and delivery is not the "one action" to foreclose a mortgage (C. S., sec. 6949), and it may be maintained against a stranger for the possession of the mortgaged chattels, where the mortgage entitles the mortgagee to possession therefor. (First Nat. Bankof St. Anthony v. Steers, 9 Idaho 519, 108 Am. St.…