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NELSON v. ENDERS

No. 8818.

353 P.2d 401 (1960)

John C. NELSON, Plaintiff-Respondent, v. Glen ENDERS, Defendant-Appellant, and F. M. Bistline, Henry Parker, W. P. McLelland, and others sued herein as John Doe and Jack Roe, Fred Tripp, and the United States of America, and unknown owners of the following described property, to-wit: 1-1955 Low Boy MM trailer, Serial L. 5551-M25, 1-1953 D8 Caterpillar Tractor, serial number 2U 11540 SP, 1-1949 Kenworth, serial number 48505, motor number 107316, described by F. M. Bistline as serial number 58604 and by a plate on the said property as serial number 59605, the same being correctly identified by the motor number 107316, Defendants.

Supreme Court of Idaho.

June 21, 1960.

Attorney(s) appearing for the Case

Gus Carr Anderson, Pocatello, Robert M. Kerr, Jr., Blackfoot, for appellant.

Johnson & Olson, Pocatello, for respondent.

SMITH, Justice.

Plaintiff-respondent instituted this action for the purpose of determining the ownership of three pieces of heavy construction equipment, i.e., a 1955 Low Boy MM trailer, a 1953 D8 Caterpillar tractor, and a 1949 Kenworth truck tractor.

Only the defendant-appellant Glen Enders appeared in the action by his answer and counterclaim. The remaining defendants not having appeared, their defaults were entered...

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