State v. Barber
Idaho Supreme Court
APPEAL from the District Court of Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. Defendant was convicted of grand larceny for selling mortgaged personal property, and motion for a new trial was granted by the trial judge.
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APPEAL from the District Court of Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. Defendant was convicted of grand larceny for selling mortgaged personal property, and motion for a new trial was granted by the trial judge. The mortgagee is fully protected under the law from any financial loss by reason of the sale of mortgaged property, for the reason that such sales are void and the mortgagee is fully empowered, if he so desires, to follow and take the mortgaged property under his mortgage wherever and whenever he finds it, and such sale under the law, if made wilfully…
1Opinion of the CourtSullivan, J.
This is an appeal on the part of the state from an order granting a new trial to the defendant, who was convicted of grand larceny for selling mortgaged cattle and sentenced to two years’ imprisonment in the penitentiary. This prosecution was brought under the provisions of sec. 7100, Rev. Stat., which is as follows:
“Every mortgagor of property mortgaged in pursuance of the provisions of Chapter Four of Title Twelve of the Civil Code, who, while such mortgage remains unsatisfied in whole or in part, wilfully removes from the county or counties where such mortgage is recorded, or destroys,…
2Cited by5 opinions
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- Lowther v. MetzkerIdaho Supreme Court · 1949
- Cox v. CoxIdaho Supreme Court · 1912
- State v. FarmerIdaho Supreme Court · 1921
- McClure v. StateTennessee Supreme Court · 1938