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ROBERTS v. AMERICAN MACHINE COMPANY

No. 8802.

347 P.2d 759 (1959)

E. A. ROBERTS and R. H. Roberts, Plaintiffs-Appellants, v. AMERICAN MACHINE COMPANY, Defendant-Respondent, and Bud Taylor, Sheriff of Idaho County, Defendant.

Supreme Court of Idaho.

December 11, 1959.

Attorney(s) appearing for the Case

J. H. Felton, Lewiston, for appellants.

Swayne & McNichols, Orofino, for respondent.

McQUADE, Justice.

The defendant, American Machine Company, executed an "Affidavit that Mortgage is in Arrears." This instrument related that payment of a certain note, secured by a chattel mortgage on a tractor, was delinquent. The affidavit, together with a "Sheriff's Notice of Attachment," was served upon the plaintiff, E. A. Roberts. The property was not taken into possession of the defendant, Bud Taylor, sheriff of Idaho County. Immediately after receiving these...

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