Keane v. Kibble
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to have written instrument, in form a conditional sale note, decreed to be a chattel mortgage and foreclosed. Appeal from an order appointing a receiver and from an order denying the motion to set aside the appointment. There can be no mortgage without a conveyance from a debtor to a creditor.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to have written instrument, in form a conditional sale note, decreed to be a chattel mortgage and foreclosed. Appeal from an order appointing a receiver and from an order denying the motion to set aside the appointment. There can be no mortgage without a conveyance from a debtor to a creditor. (Jones on Chattel Mortgages, sec. 26a, p. 36.) The interest contemplated within the provisions of subd. 1, sec. 4329, Rev. Codes, as amended, must of necessity be an interest cognizable in…
1DissentBudge, J.
This appeal is taken from two orders made by the trial court: First, in appointing a receiver to take charge of a certain automobile; and, second, in refusing upon proper application to set aside such order.
From the record it appears that on September 25, 1915, the plaintiff, who is respondent here, filed a complaint in the district court of the third judicial district, to recover a balance due upon a promissory note and conditional sale contract, with a prayer for the appointment of a receiver to take possession of an automobile referred to in the note. The application was ex parte and…
2Cases cited10 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Blondheim v. MooreCourt of Appeals of Maryland · 1857
- Mark Means Transfer Co. v. MackinzieIdaho Supreme Court · 1903
- Barton v. GrosecloseIdaho Supreme Court · 1905
- Brundage v. Home Savings & Loan Ass'nWashington Supreme Court · 1895
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