Smith v. Schultz
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. E. C. Steele, Judge. Action by plaintiff to foreclose the vendor’s lien. Judgment for the plaintiff and certain of the defendants appeal. The instrument being a mortgage, remained ■ a mortgage. “Once a mortgage, always a mortgage” is the rule.
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APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. E. C. Steele, Judge. Action by plaintiff to foreclose the vendor’s lien. Judgment for the plaintiff and certain of the defendants appeal. The instrument being a mortgage, remained ■ a mortgage. “Once a mortgage, always a mortgage” is the rule. (3 Pomeroy’s Eq., sec. 1193; Banta v. Wise, 135 Cal. 277, 67 Pac. 129; Godfrey v. Monroe, 101 Cal. 224, 35 Pac. 761; Jones on Mortgages, *sees. 90, 91, 227; Patterson v. Donner, 48 Cal. 369.) The tearing up of one part (defeasance) of a mortgage, though with the…
1Opinion of the CourtAilshie, J.
— This action was instituted for the foreclosure of a vendor’s lien on 480 acres of land. The amount alleged to be due was $5,000 and interest evidenced by four promissory notes. Judgment was entered for the plaintiff and defendant appealed.
The assignments of error are too numerous to be taken up in detail, and, indeed, as we view them, they are all reducible to a few propositions which we shall group and treat briefly herein. It appears that J. A. Schultz, individually and as president and principal owner of the capital stock of the Farmers’ Store Co., had some dealings with respondent,…
2Cases cited11 opinions
- Felton v. SmithIndiana Supreme Court · 1882
- Gibson v. LyonSupreme Court of the United States · 1885
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- Bergen v. JohnsonIdaho Supreme Court · 1912
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3Cited by3 opinions
- Benz v. D.L. Evans BankIdaho Supreme Court · 2012
- Loomis v. GrayIdaho Supreme Court · 1939
- Vanderpool v. Bank of HansenDistrict Court, D. Idaho · 1924