Adamson v. Moyes
Idaho Supreme Court
APPEAL from, the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action by cross-complainant to subject the proceeds of mortgaged property to the lien of the mortgage. Judgment for cross-complainant. •»“A purchaser of mortgaged property takes the title free from the lien of the mortgage, if the sale was made with the express or implied consent of the mortgagee.”
Read the full summary
APPEAL from, the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action by cross-complainant to subject the proceeds of mortgaged property to the lien of the mortgage. Judgment for cross-complainant. •»“A purchaser of mortgaged property takes the title free from the lien of the mortgage, if the sale was made with the express or implied consent of the mortgagee.” (7 Cyc. 47, note 54; Knollin & Co. v. Jones, 7 Ida. 466, 468, 63 Pac. 638; Saxton v. Breshears, 21 Ida. 333, 121 Pae. 567.) To sue in assumpsit, conversion must be plead. (Lehmann v.…
1Opinion of the Court
BUDGE, J.-
Respondent Weinheimer owned certain land in Twin Falls county, which he rented to respondent Moyes for the period extending from March 1, 1915, to March 1, 1916, Moyes giving-Weinheimer a chattel mortgage for $650 upon the crop to be grown thereon during the season of 1915, upon which Moyes paid the sum of $130.
Respondent Adamson performed work and labor on the crop for Moyes, of the reasonable value of $315, which was not paid when due and a claim of lien was filed therefor.
Moyes sold the beets, which constituted a part of said crop, to the appellant, Amalgamated Sugar Company.…
2Cases cited2 opinions
- Chittenden v. PrattCalifornia Supreme Court · 1891
- Bollen v. Wilson Creek Union Grain & Trading Co.Washington Supreme Court · 1916
3Cited by6 opinions
- Stockyards National Bank v. B. Harris Wool Co.Supreme Court of Missouri · 1926
- Detweiler Mercantile Co. v. BabcockIdaho Supreme Court · 1927
- McInerney & Conway Finance Corp. v. SmithWyoming Supreme Court · 1931
- Stockyards Nat. Bk. of Chicago v. ArthurIdaho Supreme Court · 1927
- First Security Bank v. Zaring Farm & Livestock Co.Idaho Supreme Court · 1932
1 more not listed; retrieve them via the Exa API.