Blumaur-Frank Drug Co. v. Branstetter

Citations

• 4 Idaho 557
• 43 P. 575
• 1895 Ida. LEXIS 78

Syllabus

<p>'Chattel Mortgage — Sections 3390 and 3391 of the Revised Statutes Construed. — Affidavit and notice for the foreclosure of a chattel mortgage under sections 3390, 3391, and other sections therewith connected, of the Revised Statutes of Idaho of 1887 are held to be process, and as such will protect the sheriff in tlie execution thereof the same as he is protected in the service of an ordinary execution in case of judgment.</p> <p>Sheriff Receiving Affidavit and Notice must Execute Same — Attachment or Execution of Judgment Creditor. — Upon receipt of said process the sheriff must proceed to execute the same, and having by virtue thereof levied upon goods described in the affidavit and notice, and taken .them into his possession, he must proceed to give notice and sell the same under the directions set forth in the statute, notwithstanding an attachment or execution of a judgment creditor may he placed in his hands after the said affidavit and notice were levied upon the goods.</p> <p>Sheriff not to Determine Whether Mortgage is Valid. — The sheriff is not called upon to determine whether the mortgage upon which the affidavit and notice were issued is a valid mortgage or not. If the judgment creditor desires to attack the validity of the mortgage, he can do so as directed by section 3396 of the .Revised Statutes.</p> <p>(Syllabus by tbe court.)</p>