King v. Co-Operative Savings & Loan Ass'n
Idaho Supreme Court
APPEAL from District Court, Bannock County. The only right of a second mortgagee is the right of redemption, and he must either pay or tender the amount due or he will not be heard to complain in a court of equity.
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APPEAL from District Court, Bannock County. The only right of a second mortgagee is the right of redemption, and he must either pay or tender the amount due or he will not be heard to complain in a court of equity. (2 Jones on Mortgages, 2d ed., sec. 1431; McEennan v. Neff, 43 Ind. 503; McConlcey v. Laub, 71 Iowa, 636, 33 N. W. 146.) The court failed to find on one of the most important facts in the case — that is, the fact as to whether or not there was a former adjudication of the issues in this case, and the court should have found on that issue as the issues in the case of W. H. King v.…
1Opinion of the CourtQuarles, J.
— This suit was commenced by the respondent to obtain a judgment decreeing cancellation of a certain quitclaim deed made by the respondent to the appellant November 16, 1895, conveying lots 17 and 18, block 489, in the city of Pocatello. The complaint is quite lengthy. We summarize the allegations of the complaint necessary to be noticed as follows: That in August, 1892, appellant loaned J. B. Green and wife a certain sum of money, and took a mortgage from them upon said described lots; that Green’s wife did not acknowledge the mortgage, which was therefore void; that February 12, 1894, said…
2Cited by2 opinions
- Joyce v. Murphy Land & Irrigation Co.Idaho Supreme Court · 1922
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935