Lowther v. Metzker

GIVENS, Justice.

To secure one installment payment on a contract for the purchase by respondent from appellants of real and personal property, respondent, on November 13, 1943, gave appellants a note and as security therefor a chattel mortgage covering an equal one-half share of the crops growing, grown, to be sown and grown, during the year 1944 on the real estate contracted to be sold.

The note and chattel mortgage not being paid on the due date, November 5, 1944, appellant Metzker on July 31, 1945, swore to a criminal complaint in Justice’s Court, Caldwell Precinct, Canyon County, charging…