Stuart v. Hauser
Idaho Supreme Court
APPEAL from District Court, Washington County. The facts are fully stated in the opinion. Where the relation of debtor and creditor exists and conveys anees are made, or property is delivered by the debtor to th® creditor, the legal presumption is that the relation continues and that the transfers were made as further security for th® debt. (Hickok v. Lewe, 10 Cal. 207; Marshall v. Thompson„ 39 Minn. 137, 39 N. W. 309; Simpson v. First Nat.
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APPEAL from District Court, Washington County. The facts are fully stated in the opinion. Where the relation of debtor and creditor exists and conveys anees are made, or property is delivered by the debtor to th® creditor, the legal presumption is that the relation continues and that the transfers were made as further security for th® debt. (Hickok v. Lewe, 10 Cal. 207; Marshall v. Thompson„ 39 Minn. 137, 39 N. W. 309; Simpson v. First Nat. Bank, 93-Eed. 309.) If an existing indebtedness forms the consideration of a deed absolute in form, the relation of debtor and creditor continuing the…
1Dissent
AILSHIE, J.,
Dissenting. — I am unable to concur in the conclusions reached by a majority of the court in this case. After repeated examinations of the voluminous record in the case, I am fully convinced that one of the closest, confidential, and fiduciary relations which can ordinarily be established has been proven to exist between Stuart and Hauser, for a period of more than thirty years. When such a relation is shown to exist between vendor and vendee at the time the .deed claimed to be a mortgage was executed, the rule laid down in Coyle v. Davis, 116 U. S. 583, 6 Sup. Ct. Rep. 314, 29 L.…
2Cases cited21 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Villa v. RodriguezSupreme Court of the United States · 1871
- Royall v. VirginiaSupreme Court of the United States · 1886
- Waddell v. LanierSupreme Court of Alabama · 1878
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