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…
1Opinion of the CourtSullivan, C. J.
This suit was brought by the appellant, Granville Stuart, against the defendants, Samuel T. Hauser, Massena Bullard, trustee, A. M. Holier, Charles W. Whitcomb, J. G. Bogers, F. W. Sharp, and Eugene T. Wilson, receiver of the First National Bank of Helena, Montana, to have a certain instrument, which appears upon its face to be an absolute deed, declared to be a mortgage, and the property conveyed by said instrument declared to be the property of appellant. Described in said instrument is all of the interest of the appellant in and to the Peacock, White Monument, and Helena lode mining…
2Cases cited6 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Mahoney v. BostwickCalifornia Supreme Court · 1892
- Sullivan v. MoorheadCalifornia Supreme Court · 1893
- Doe v. VallejoCalifornia Supreme Court · 1866
- Commercial Bank v. LieuallenIdaho Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Dale v. JenningsSupreme Court of Florida · 1925
- Davenport v. BurkeIdaho Supreme Court · 1917
- Morrow v. MatthewIdaho Supreme Court · 1904
- Lus v. PecararoIdaho Supreme Court · 1925
11 more not listed; retrieve them via the Exa API.