Laserfiche WebLink
JUN-18-97 WED 23:49 <br />expected in 1995. These animals are owned by one or more of the <br />Defendants, the ownership of Bald animals is in dispute under the <br />subject matter of Delta County District Court Action No. 94 CV 45 <br />and carry the brands as set forth in Plaintiffs' Complaint. <br />4. Plaintiffs filed a Notice of Agistor's Lien on all <br />Defendants asserting an Agietor's Lien against said cattle in the <br />amount of $28,247.54 together with care and keeping from and after <br />March 31, 1995. The Notice of Agistor's Lien, attached as an <br />exhibit to the Plaintiffs' Complaint, required payment within <br />thirty (30) days. Notice was properly given under the statute of <br />the Notice of Agistor's Lien and no payment was made by any <br />Defendant within said thirty (30) day period. <br />5. Plaintiffs filed this Complaint to foreclose their <br />Agistor's Lien. Notice was properly given to all Defendants and <br />all proper statutory steps were taken to foreclose this lien. <br />6. The amount claimed by Plaintiffs ie not in dispute. The <br />only les~ie involved for a decision by the Court is whether or not <br />Plaintiffs are entitled to foreclose their Agistor'a Lien against <br />cattle claimed by Defendant, Edwin S. Allen. <br />7. Plaintiffs are entitled to an Order authorizing the sale <br />of all the cattle to satisfy their Agistor Lien (which is superior <br />to all other liens), whether or not those cattle may ultimately be <br />determined to belong to Defendant Allen for the follow reasons: <br />a. There is not persuasive evidence that any of the <br />cattle in the poasegsion of the Plaintiffs were stolen. This Court <br />has already entered an Order in Delta County District Court Case <br />No. 94 Cv 45 wherein Judge Robert A. Brown h"eld that Defendants, <br />Robert J. Middleton, Nancy Middleton, Lester Stahley and Frances <br />Stahley are more likely to succeed in proving .that they own the <br />cattle than Edwin Allen. <br />b. Judge Richard Brown has entered an Order in the same <br />matter.aupporting that the cattle were not stolen. <br />c. The Court can set up a procedure regarding a sale <br />which ie preferred over requiring that the cattle stay on <br />Plaintiffs' property thereby requiring them to provide food and <br />medical care for the cattle. <br />d. Defendant Allen has the responsibility to pay <br />Plaintiffs for the feed and care provided by Plaintiffs if he won <br />his lawsuit against the other Defendants. Ha would have the right, <br />if. he won, in Case No. 94 CV 45 to seek reimbursement from the <br />other Defendants, but the Plaintiffs must be made whole first. <br />P. 03 <br />A: \KKS \1V.IMR\AOISiaR~ORD6R Z <br />