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MARTIN v. WHITELEY

Nos. 9491, 9492.

405 P.2d 963 (1965)

Phillip S. MARTIN and Southern Idaho Production Credit Association of Twin Falls, Idaho, a corporation, Plaintiffs-Respondents, v. W. B. WHITELEY, Defendant-Appellant. W. B. WHITELEY, Third-Party Plaintiff and Counter-Defendant-Respondent, v. EASTERN IDAHO PACKING CORPORATION, a corporation, Third-Party Defendant and Counter-Claimant-Appellant.

Supreme Court of Idaho.

September 23, 1965.

Attorney(s) appearing for the Case

Herman E. Bedke, Burley, for Whiteley.

Parsons, Smith & Snow, Burley, for Eastern Idaho Packing Corp.

William J. Langley, Twin Falls, for plaintiffs-respondents.

McFADDEN, Justice.

This cause involves two separate appeals consolidated by stipulation for briefing and argument. The respective parties, sometimes will be referred to as follows: the plaintiffs-respondents, in No. 9492, Martin and Southern Idaho Production Credit Association of Twin Falls, Idaho, as Martin, inasmuch as the interest of the Credit Association is that of a mortgagee; W. B. Whiteley, defendant-appellant, in No. 9492, and the third-party plaintiff, counter...

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