Falk-Bloch Mercantile Co. v. Branstetter

Citations

• 4 Idaho 661
• 43 P. 571
• 1896 Ida. LEXIS 4

Syllabus

<p>Levy of Writ of Attachment — Chattel Mortgage — Priority of Lien — Possession and Custody of Property. — Under the levy of a writ of attachment on personal property, if the custody and possession thereof is such as to enable the officer to hold the property and subject it to the order of the court issuing the writ, it is sufficient to create a lien thereon prior to a lien of a chattel mortgage executed and filed subsequent to making the levy of the writ, but prior to taking actual possession of all of the property on which said writ was levied, provided the officer proceeds with reasonable diligence to reduce all of such property to his actual possession and does so reduce it.</p> <p>(Syllabus by the court.)</p>