Jorgenrud v. Mills

This is an appeal from an order vacating a writ of attachment in an action on a promissory note in which plaintiff also seeks damages for *517fraud and loss of security in connection with the sale of a trailer camp resort and related personal property.

On February 2, 1967, the district court issued a writ of attachment based on an affidavit which contained the following paragraph:

“That defendants, or each or both of them, have assigned, secreted, or disposed of their property, or are about to do so, with intent to delay or defraud their creditors.”

Upon defendants’ motion, the trial court vacated…