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BIERSDORFF v. BRUMFIELD

No. 10280.

468 P.2d 301 (1970)

93 Idaho 569

George BIERSDORFF, Plaintiff-Respondent, v. Ray H. BRUMFIELD and Virginia Brumfield, husband and wife; United States of America, State of Idaho, Pierce Trailer and Equipment Company, Economy Hardware & Electric Co., Broadway Splicing and Supply, Inc., and Page & Page Co., Defendants, Page & Page Co., Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied April 27, 1970.

Attorney(s) appearing for the Case

McFadden & Park, St. Maries, for appellant.

Scott W. Reed, Coeur d'Alene, for respondent.

McQUADE, Justice.

This is an action to foreclose a mortgage on real property. The issues presented by this appeal pertain to the competing rights of a mortgagee and an attaching creditor of real property.

In the spring of 1965, Ray Brumfield, a gypo logger, sought to have his equipment overhauled in preparation for the summer season. This work was to be performed by respondent, George Biersdorff, doing business as Valley View Truck & Welding at

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