Kendrick State Bank v. Barnum
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to foreclose a mortgage. After a sale of mortgaged property through the probate court, the security is exhausted and it cannot be pursued any further. {First National Bank v. Glenn, 10 Ida. 224, 109 Am.
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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to foreclose a mortgage. After a sale of mortgaged property through the probate court, the security is exhausted and it cannot be pursued any further. {First National Bank v. Glenn, 10 Ida. 224, 109 Am. St. 204, 77 Pae. 623.) Where the mortgagee allows the property to be sold by the administrator and has presented a secured eláim as an unsecured claim, then the security is waived. {In re Turner’s Estate, 128 Cal. 388, 60 Pac. 967.) The record shows that plaintiff intended to…
1Opinion of the CourtBudge, C. J.
On March 1st and 5th, 1910, Joseph M. Wild made, executed and delivered to the Kendrick State Bank, respondent herein, his two promissory notes aggregating $1,000, secured by a real estate mortgage on lots 2 and 3 of block 4 of the original town site of Kendrick, Latah county, which mortgage was duly filed of record. On May 18, 1911, Wild made, executed and delivered to George P. Barnum, an appellant herein, his promissory note in the sum of $1,534.40, secured by a mortgage on the same property, which was also duly filed of record.
On the 5th of August, 1911, Wild died testate, and thereafter…
2Cases cited5 opinions
- Morton v. AdamsCalifornia Supreme Court · 1899
- Selna v. SelnaCalifornia Supreme Court · 1899
- Bank of Sonoma County v. CharlesCalifornia Supreme Court · 1890
- Howard v. J. P. Paulson Co.Utah Supreme Court · 1912
- Schuelenburg & Boeckler v. MartinU.S. Circuit Court for the District of Kansas · 1880
3Cited by4 opinions
- Graham v. PerryWisconsin Supreme Court · 1929
- McKenney v. McNearneyIdaho Supreme Court · 1967
- Berry v. ScottIdaho Supreme Court · 1927
- Cummings v. LangroiseDistrict Court, D. Idaho · 1940