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Terms Used In Idaho Code 47-1101

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
Whenever a judgment, attachment or mortgage creditor has a lien upon unpatented mining claims in this state and the annual assessment work required by the provisions of section 2324 of the Revised Statutes of the United States, as amended by act of congress of August 24, 1921, has not been performed upon such mining claims by the first day of June in any year, the judgment, attachment or mortgage creditor may apply to the court having jurisdiction for an order allowing such judgment, attachment or mortgage creditor to perform such annual assessment work upon such unpatented mining claims in order to prevent a forfeiture of such mining claims and to preserve the lien of the judgment, attachment or mortgage until the final issuance of sheriff’s deed.