Utah Idaho Development Co. v. Jensen Et Ux.

MOFFAT, Justice.

November 7, 1925, plaintiff brought an action against the defendants in the state of Idaho upon foreclosure of a mortgage. A decree was entered, the property sold, and a deficiency judgment entered upon the sheriff’s return by the clerk of the court as provided in the decree.

This suit is to recover upon that judgment. An answer pleading settlement and a counterclaim charging wrongful conversion of water stock were filed. The case was tried to the court sitting without a jury, and judgment rendered for the plaintiff. Defendants appeal. We are met by three motions to dismiss the…