Williams v. Olden
Idaho Supreme Court
APPEAL from District Court, Ada County. The land upon which the attempted levy of attachment was made stood, at the date of said attempted levy, on the records of the county in the name of D. F. G-udger, and was upon said date without an occupant, and that a copy of the writ of attachment together with a description of the property attached, and a notice that it was attached, or any of them, was not posted on the said premises in a conspicuous place, or posted at all, as…
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APPEAL from District Court, Ada County. The land upon which the attempted levy of attachment was made stood, at the date of said attempted levy, on the records of the county in the name of D. F. G-udger, and was upon said date without an occupant, and that a copy of the writ of attachment together with a description of the property attached, and a notice that it was attached, or any of them, was not posted on the said premises in a conspicuous place, or posted at all, as required by section 4307, subdivision 1 of the Revised Statutes of the state of Idaho. There is no question of…
1Opinion of the CourtSullivan, J.
This is an action to quiet title, and was submitted to the trial court on stipulated facts, and judgment was entered in favor of the defendant, who is the respondent here.
The only question submitted for decision is whether a valid levy of a writ of attachment can be made on land, not containing an occupant, by filing with the recorder of the county in which the land is situated a copy of the writ, together with a *148description of the land attached, and a notice that it is attached, and by leaving a similar copy of the writ, description, and notice with the defendant, who does not reside on the…
2Cases cited5 opinions
- Watt v. WrightCalifornia Supreme Court · 1884
- Truett v. AdamsCalifornia Supreme Court · 1884
- First Nat. Bank of Hailey v. SonnelitnerIdaho Supreme Court · 1898
- First National Bank v. LieuallenIdaho Supreme Court · 1895
- Steinfeld v. MenagerArizona Supreme Court · 1898
3Cited by3 opinions
- American Fruit Growers, Inc. v. WalmstadIdaho Supreme Court · 1927
- Welch v. MorrisIdaho Supreme Court · 1930
- Truax v. Title Guaranty & Surety Co.Washington Supreme Court · 1917