Harding v. Harker
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for the County of Bingham. Hon. J. M. Stevens, Judge. An application for a writ of assistance in foreclosure proceeding. From the order granting such writ, the defendant appeals. “Writ can only issue against the defendants in the suit and parties holding under them, who are bound by the decree.”
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APPEAL from the District Court of the Sixth Judicial District, for the County of Bingham. Hon. J. M. Stevens, Judge. An application for a writ of assistance in foreclosure proceeding. From the order granting such writ, the defendant appeals. “Writ can only issue against the defendants in the suit and parties holding under them, who are bound by the decree.” (Burton v. Lies, 21 Cal. 87; Gelpeke v. Milwaukee & Eoricon R. Co., 11 Wis. 454.) “The writ will not be granted against a person in possession of premises sold under a decree rendered in a suit to which he was not a party, where his…
1Opinion of the CourtStewart, J.
— On March 22, 1900, Thos. A. Harris and Blanche B. Harris, his wife, executed and delivered to the American Mortgage Company of Scotland a mortgage upon the real property involved in this action. On February 12, 1906, proceedings were commenced to foreclose said mortgage, and service, was made upon Joseph Squibb, Rickie Squibb, Kate Johnson, Marion Louise Johnson, Catherine Lucile Johnson and Fred L. Huston, administrator of the estate of D. 0. Johnson, deceased. A decree of foreclosure was entered in said suit, the property sold under such decree, to Clency St. Clair, and after the…
2Cases cited3 opinions
- Kirsch v. KirschCalifornia Supreme Court · 1896
- Hibernia Savings & Loan Society v. LewisCalifornia Supreme Court · 1897
- Hibernia Savings & Loan Society v. CochranCalifornia Supreme Court · 1904
3Cited by4 opinions
- Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1939
- Lee v. . ThorntonSupreme Court of North Carolina · 1918
- Williams v. ShermanIdaho Supreme Court · 1922
- Berding v. VarianIdaho Supreme Court · 1921