Mountain Home Sheep Co. v. Faraday
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Elmore County. Hon. Charles F. Reddoch, Judge. Action in claim and delivery. Judgment for respondents. “The question of the sufficiency of the description of property in a chattel mortgage is one of law and not of fact, and if such description is sufficient as between the mortgagor and the mortgagee, it cannot be questioned by a stranger to the title of the mortgagor.
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APPEAL from the District Court of the Third Judicial District, for Elmore County. Hon. Charles F. Reddoch, Judge. Action in claim and delivery. Judgment for respondents. “The question of the sufficiency of the description of property in a chattel mortgage is one of law and not of fact, and if such description is sufficient as between the mortgagor and the mortgagee, it cannot be questioned by a stranger to the title of the mortgagor. The sufficiency of such description can be questioned only by a purchaser in good faith from the mortgagor or his vendee, or by one who claims protection under…
1Opinion of the CourtBudge, C. J.
This is an action in claim and delivery, brought to recover possession of two automobiles or their •value in case delivery cannot be had. The court directed a verdict in favor of appellant as to one of the automobiles, as to which there is no controversy here, and this appeal is from that part of the judgment, based upon the verdict of the jury, awarding possession of the other automobile to respondents.
The complaint alleges ownership and right of possession in appellant. Eespondents’ answer alleges right of possession based upon a lien for repairs and sets up the title in one Mrs. Jose…
2Cases cited5 opinions
- Robb v. DobrinskiSupreme Court of Oklahoma · 1904
- Gallick v. BordeauxMontana Supreme Court · 1904
- Kelly v. LewisSupreme Court of Colorado · 1906
- St. John v. SwanbackNebraska Supreme Court · 1894
- Carstensen & Anson Co. v. WrightIdaho Supreme Court · 1914
3Cited by4 opinions
- Webster v. McCulloughIdaho Supreme Court · 1928
- Portland Cattle Loan Co. v. BiehlIdaho Supreme Court · 1925
- Western Seed Marketing Co. v. PfostIdaho Supreme Court · 1927
- Portland Cattle Loan Co. v. BiehlIdaho Supreme Court · 1925