Hadley v. Clark
Idaho Supreme Court
APPEAL from District Court, Bingham County. The mortgages in question appearing to have been executed by N. H. Clark and his wife, Evlyn R. Clark, were and are in no sense the mortgages of the husband, N. H. Clark, for the reason that his name does not appear in the recital at the beginning of the instrument, but only at the end of it.
Read the full summary
APPEAL from District Court, Bingham County. The mortgages in question appearing to have been executed by N. H. Clark and his wife, Evlyn R. Clark, were and are in no sense the mortgages of the husband, N. H. Clark, for the reason that his name does not appear in the recital at the beginning of the instrument, but only at the end of it. (1 Devlin on Deeds, 2d ed., secs. 194, 196-201a; Agricultural Bank of Mississippi v. Bice, 4 How. 225; Bachelor v. Brereton, 112 H. S. 396, 404, 5 Sup. Ct. Bep. 180; 9 Am. & Eng. Eney. of Law, 2d. ed.) 111.) The defendant Evlyn B. Clark, being the wife of the…
1Opinion of the CourtSullivan, J.
— This is an action to foreclose two mortgages. The action was brought by N. H. Clark, Esq., the husband of the defendant Evlyn E. Clark, as attorney for the plaintiff, Hannah Hadley. Subsequently an amended complaint was filed, by which the said N. H. Clark was made a defendant, and John W. Jones, Esq., was substituted as the attorney for the plaintiff. The appellant demurred generally to the' amended complaint, which demurrer was overruled, and thereupon appellant answered, and put in issue many of the material allegations of the complaint. After trial judgment was as prayed for in the…
2Cases cited3 opinions
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
- Green v. TurnerSupreme Court of Iowa · 1874
3Cited by7 opinions
- Hall v. BlackmanIdaho Supreme Court · 1904
- Sanderson v. TurnerSupreme Court of Oklahoma · 1918
- Stewart v. MannOregon Supreme Court · 1917
- Western Holding Co. v. Northwestern Land & Loan Co.Montana Supreme Court · 1941
- Moore v. Boise Land & Orchard Co.Idaho Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.