Wooddy v. Jamieson
Idaho Supreme Court
APPEAL from District Court, Latah County. Plaintiff filed complaint on twenty-fourth day of May, 1894, alleging that defendant was indebted to plaintiff in the sum of $929.53. On the same day affidavit and undertaking for attachment were made and filed.
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APPEAL from District Court, Latah County. Plaintiff filed complaint on twenty-fourth day of May, 1894, alleging that defendant was indebted to plaintiff in the sum of $929.53. On the same day affidavit and undertaking for attachment were made and filed. Attachment was thereupon issued, and placed in the hands of the sheriff, who levied the same upon real estate belonging to defendant. ' On June 1, 1894, defendant filed his motion to dissolve the attachment in said action, alleging as a reason therefor that the debt sued upon in this action was secured by a lien upon real estate which was…
1Opinion of the Court
MORGAN, O. J.
(After Stating the Facts.) — From these affidavits it appears that an oral contract was made between the parties for the sale of certain real estate by defendant to the plaintiff, on which plaintiff paid defendant the sum of $603.68, and went into possession of the land, agreeing to give notes and mortgage for balance due. As appears by these affidavits the balance due was not paid, nor were notes and mortgage given to secure it. The defendant alleged in his affidavit that he executed and tendered to the plaintiff herein a good and sufficient warranty deed for the premises so…
2Cases cited3 opinions
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