Edminster v. Van Eaton

Appellant filed an action in the probate court of Twin Falls county seeking recovery on a promissory note given by respondent to appellant. Respondent answered admitting execution of the note, ownership of appellant, and that certain payments had been made thereon and then alleged a chattel mortgage had been given to secure the payment of the note and that appellant had not foreclosed the mortgage or exhausted the security covered by it. The statute of limitations was also set up as a defense.

The probate court found in favor of respondent and an appeal was taken to the district court.

Proceedin…