Baumgartner v. Vollmer

Citations

• 5 Idaho 340
• 49 P. 729
• 1897 Ida. LEXIS 33

Syllabus

<p>Chattel Mobtgage — Attachment—Election of Remedies. — When a creditor seeks to subject the property of his debtor to the payment of his claim, upon which property there exists a chattel mortgage, and the creditor, to avail himself of the remedy provided by section 3389 of the Revised Statutes, pays to the mortgagee the amount of such mortgage, such payment by the creditor discharges the mortgage and the lien thereunder; and the creditor cannot thereafter enforce the mortgage lien.</p> <p>(Syllabus by the court.)</p>