Myers v. Eby
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Clearwater County. Hon. Edgar C. Steele, Judge. Action to foreclose mortgage and to cancel release thereof. Judgment for plaintiff.
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APPEAL from the District Court of the Second Judicial District, for Clearwater County. Hon. Edgar C. Steele, Judge. Action to foreclose mortgage and to cancel release thereof. Judgment for plaintiff. While the respondent or both parties may have been mistaken as to the legality of this mortgage by the administrator, through ignorance of the law, there was no mistake as to the effect of the release, and the whole transaction was carried out in exact accordance with the agreement of the parties, and a court of equity will not undo what the parties have deliberately done. (Pitcher v. Hennessey,…
1Opinion of the CourtRice, J.
This action was instituted by respondent Myers for the foreclosure of a mortgage bearing date of April 1, 1911, executed by John W. Bertholf and Mary A. Bertholf, his wife, covering community real estate occupied by the mortgagors as a residence. After the death of John W. Bertholf, Mary A. Bertholf was appointed administratrix of his estate. Respondent in due time presented his claim against the estate, and it was allowed by the administratrix and the probate court. The note not having been paid, on April 18, 1914, respondent and the administratrix met in the office of the probate judge and…
2Cases cited9 opinions
- Hutchinson v. StoneSupreme Court of Florida · 1920
- Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
- First National Bank of Hailey v. GlennIdaho Supreme Court · 1904
- Northwestern & Pacific Hypotheek Bank v. RauchIdaho Supreme Court · 1898
- Banning v. BanningCalifornia Supreme Court · 1889
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3Cited by15 opinions
- Farm Bureau Fin. Co., Inc. v. CarneyIdaho Supreme Court · 1980
- McKinney v. MerrittIdaho Supreme Court · 1922
- Williams v. PaxtonIdaho Supreme Court · 1977
- Elliott v. CraigIdaho Supreme Court · 1927
- Kansas City Life Insurance v. HarrounIdaho Supreme Court · 1927
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