Rees v. Gorham
Idaho Supreme Court
APPEAL from tbe District Court of tbe Sixth Judicial District, for tbe County of Lembi. Hon. J. M. Stevens, Judge. Action brought for tbe purpose of canceling a mortgage, and to require defendant to- surrender to plaintiff a note, and for tbe recovery of damages. Judgment for plaintiff. Motion for new trial denied. Equity will not entertain jurisdiction wheré there is an adequate remedy at law.
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APPEAL from tbe District Court of tbe Sixth Judicial District, for tbe County of Lembi. Hon. J. M. Stevens, Judge. Action brought for tbe purpose of canceling a mortgage, and to require defendant to- surrender to plaintiff a note, and for tbe recovery of damages. Judgment for plaintiff. Motion for new trial denied. Equity will not entertain jurisdiction wheré there is an adequate remedy at law. (16 Cyc. 31 and cases cited; County of Ada v. Bullen Bridge Co., 5 Ida. 188, 95 Am. St. 180, 47 Pac. 818; 2 Pomeroy’s Eq. Jur., sec. 914; Allerton v. Belden, 49 N. Y. 373, 379.) A court of equity will…
1Opinion of the CourtBudge, C. J.
This is an appeal from an order of the trial court denying a motion for a new trial; no appeal was taken from the judgment. The facts are: On and prior to Feb. 21, 1911, respondent was in the possession of and was the owner of certain lode mining claims in Lemhi county, location notices of which are recorded in the office of the recorder of that county; on said date the respondent gave appellant his promissory note in writing, dated February 21, 1911, for the sum of $2,210, payable two years after its date, with interest at the rate of 8 per cent per annum payable annually, and to secure the…
2Cases cited11 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Brown v. Lake Superior Iron Co.Supreme Court of the United States · 1890
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- Merritt v. EhrmanSupreme Court of Alabama · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Idaho First National Bank v. Bliss Valley Foods, Inc.Idaho Supreme Court · 1992
- Anderson v. WhippleIdaho Supreme Court · 1951
- Young v. VailNew Mexico Supreme Court · 1924
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- Nuquist v. BauscherIdaho Supreme Court · 1951
13 more not listed; retrieve them via the Exa API.