Portland Cattle Loan Co. v. Biehl

ON REHEARING.

WM. E. LEE, J.

A further study of this case has convinced me that the judgment' of nonsuit must be affirmed, but for reasons somewhat different from those advanced in the principal opinion. The eases of Cederholm v. Loofborrow, 2 Ida. 191, 9 Pac. 641, and Ould v. Stoddard, 54 Cal. 613, are not controlling. Claim and delivery is not the “one action” to foreclose a mortgage (C. S., sec. 6949), and it may be maintained against a stranger for the possession of the mortgaged chattels, where the mortgage entitles the mortgagee to possession therefor. (First Nat. Bank of St. Anthony v.…