McConnell v. Langdon

Citations

• 3 Idaho 157
• 28 P. 403
• 1891 Ida. LEXIS 31

Syllabus

<p>Chattel Mortgage — Crop Mortgage — Description oe Property in Mortgage — Attaching Creditors.</p> <p>Creditor’s Bight to Attack Validity of Chattel Mortgage. — A creditor has the right to attack the validity of a chattel mortgage by attaching the property described therein, giving indemnifying bond to sheriff and selling the property.</p> <p>Creditor and Sheriff Liable in Damages if Mortgage Prove Valid. — The sheriff and creditor do this, however, at the peril of being obliged to pay all damages to the mortgagee if the mortgage is held good.</p> <p>Crop Mortgage — Description in. — A crop mortgage which describes the grain in the crop or wheat and flax now being, standing, and growing, or all the wheat and flax now growing upon the land known as the timber claim of the mortgagor in Nez Perce county, Idaho, held good.</p> <p>Description, when Insufficient. — The description, “all wheat and flax to be sown and grown upon the land described,” without specifying the year in which it is to be sown and grown, held insufficient.</p> <p>(Syllabus by the court.)]</p>