Consumers Credit Co. v. Manifold

It is the settled rule in this state, that a judgment creditor who purchases property at execution sale on his own judgment is not a bona fide purchaser for value. (Mountain HomeLumber Co. v. Swartwout, 30 Idaho 559, 166 P. 271; Rexburg L.Co. v. Purrington, 62 Idaho 461, 468, 113 P.2d 511.) The party who was bound by the rule established by these cases is not a party to this case.

Here appellant mortgagee made a "third person" demand, under sec. 8-202, I.C.A., for possession of the property levied upon, but failed to further pursue its claim for possession of the property and elected to sue…