Hanson v. Morrison
Idaho Supreme Court
APPEAL from tbe District Court of the Seventh Judicial District, for Adams County. Hon. Ed. L. Bryan, Judge. Action on promissory note in which respondents intervened in order to determine priority of attachment liens. Judgment for intervenors.
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APPEAL from tbe District Court of the Seventh Judicial District, for Adams County. Hon. Ed. L. Bryan, Judge. Action on promissory note in which respondents intervened in order to determine priority of attachment liens. Judgment for intervenors. The first and only lien that can attach to real estate from a justice or probate court attaches and comes by virtue of the docketing of the abstract of judgment in the office of the clerk of the district court, and unless such judgment or the abstract •thereof is filed in the office of the clerk of the district court, it never becomes a lien upon real…
1Opinion of the CourtMorgan, J.
It appears that on September 4, 1913, the Council Lumber Company instituted an action against Ira A. Brown in the probate court of Adams county and, on the same day, caused to be issued therein a writ of attachment. Pursuant to the writ, and on the same day, the sheriff levied upon and attached the real estate in controversy, being the property of Brown. Thereafter judgment was rendered against him, and on March 21, 1914, an abstract thereof was filed with the clerk of the district court and execution issued. Pursuant to the execution the sheriff levied upon the prop*424erty and on April 18,…
2Cases cited5 opinions
- McCracken v. HarrisCalifornia Supreme Court · 1879
- Dewey v. Schreiber Implement Co.Idaho Supreme Court · 1906
- Bush v. VisantSupreme Court of Arkansas · 1882
- Wilson v. MadisonCalifornia Supreme Court · 1881
- First National Bank v. LieuallenIdaho Supreme Court · 1895
3Cited by1 opinion
- Evans v. Power CountyIdaho Supreme Court · 1931