State v. Fitzpatrick
Idaho Supreme Court
APPEAL from District Court, Ada County. This is an action brought by the state of Idaho against Thomas Fitzpatrick to foreclose a mortgage which was given to secure the payment of a loan of school money made by the state to said Fitzpatrick, and evidenced by a certain promissory note executed and delivered to plaintiff by said Fitzpatrick. To said note are attached five coupon interest notes for the sum of $140 each. No testimony was offered by defendant.
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APPEAL from District Court, Ada County. This is an action brought by the state of Idaho against Thomas Fitzpatrick to foreclose a mortgage which was given to secure the payment of a loan of school money made by the state to said Fitzpatrick, and evidenced by a certain promissory note executed and delivered to plaintiff by said Fitzpatrick. To said note are attached five coupon interest notes for the sum of $140 each. No testimony was offered by defendant. The court’s findings were in accord with the allegations of the complaint, except that the court held “that the note and mortgage…
1Opinion of the CourtSullivan, C. J.
This action was brought by the state to foreclose a mortgage against Thomas Fitzpatrick and James Gadsden. The state, through the state board of land commissioners, made the loan, secured by said mortgage, from the permanent school fund of the state, under authority given said state board by the constitution and an act entitled “An act defining the duties of the state board of land commissioners, to provide for the selection, location, protection, sale, rental, and general management of the public lands of the state, and for the investment of funds arising from the sale and leasing of such…
2Cases cited1 opinion
- Danolds v. . the State of New YorkNew York Court of Appeals · 1882
3Cited by13 opinions
- Engelking v. Investment BoardIdaho Supreme Court · 1969
- State v. ConleyWest Virginia Supreme Court · 1937
- Betts v. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1910
- State v. PetersonIdaho Supreme Court · 1939
- Parsons v. DiefendorfIdaho Supreme Court · 1933
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