First National Bank v. Steers

Citations

• 9 Idaho 519
• 75 P. 225
• 1904 Ida. LEXIS 64

Syllabus

<p>Chattel Mortgage — Possession of Mortgaged Property — Claim; and Delivery. — Where a chattel mortgage contains a stipulation providing that upon the happening of certain contingencies, therein named “the mortgagee may take possession of said property, using all necessary force to do so, and may immediately proceed to sell the same in the manner provided by law,” it is held that upon the happening of such contingency the mortgagee may maintain the action of claim and delivery, to recover possession of the mortgaged property from an officer who claims to hold the same under writ of attachment issued and levied subsequent to the mortgage lien, and who refuses to deliver up the property upon demand of the mortgagee or to pay the mortgage debt.</p> <p>(Syllabus by the court.)</p>