Johansen v. Looney
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to set aside a deed purporting to convey equity of redemption to mortgagee and to recover value of certain real property after satisfaction of mortgage debt and interest. From judgment of nonsuit and dismissal, plaintiff appeals.
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APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to set aside a deed purporting to convey equity of redemption to mortgagee and to recover value of certain real property after satisfaction of mortgage debt and interest. From judgment of nonsuit and dismissal, plaintiff appeals. From the record it was for the jury to pass upon the question as to whether or not the defendant paid for the property what it was worth and took no advantage of the plaintiff by reason of defendant’s superior position. To give validity to such a sale by a…
1Opinion of the CourtBudge, C. J.
This case was here on a former appeal to determine whether appellant was entitled to a jury trial. It was held that he was. (Johansen v. Looney, 30 Ida. 123, 163 Pac. 303.) The cause was remanded for trial. After appellant had introduced his evidence the court granted a nonsuit and dismissed the action. This appeal is from the judgment of dismissal.
The evidence on behalf of appellant was in substance as follows: Appellant testified that he was 82 years of age and a native of Norway; that he came' to this country in 1864 and to Idaho in 1872, and in 1882 he acquired title to 442 acres *758of land,…
2Cases cited32 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Lux v. HagginCalifornia Supreme Court · 1886
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Peugh v. DavisSupreme Court of the United States · 1878
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3Cited by12 opinions
- Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
- Dickens v. HestonIdaho Supreme Court · 1933
- Mountain Home Irrigation District v. DuffyIdaho Supreme Court · 1957
- Eldridge v. Idaho State PenitentiaryIdaho Supreme Court · 1934
- Hagan v. ClydeIdaho Supreme Court · 1939
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