Ford v. Washington National Building & Loan Investment Ass'n
Idaho Supreme Court
APPEAL from District Court in and for the County of Latah. Honorable Edgar C. Steele, Judge. From a judgment in favor of the plaintiff ordering the cancellation of a mortgage, defendant appeals. The facts are stated in the opinion. Assignments of error: 1. The trial court erred in adjudging the contract usurious — the principle announced by this court in Anderson et al. v. Oregon Mtg.
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APPEAL from District Court in and for the County of Latah. Honorable Edgar C. Steele, Judge. From a judgment in favor of the plaintiff ordering the cancellation of a mortgage, defendant appeals. The facts are stated in the opinion. Assignments of error: 1. The trial court erred in adjudging the contract usurious — the principle announced by this court in Anderson et al. v. Oregon Mtg. Go., 8 Idaho, 41b, 69 Pac. 130, being applicable; 2. The contract herein differs from those in the cases of Association v. Shea, 6 Idaho, 405, 55 Pae. 1022; Trust Go. v. Hoffman, 5 Idaho, 376, 95 Am. St. Bep.…
1Opinion of the Court
AILSHIE, J. —
This action was commenced by the plaintiff for the cancellation of a mortgage appearing of record against certain of her real estate in the city of Moscow. The defendant answered denying, among other things, the payment of the mortgage debt, and set forth the mortgage and alleged a balance due thereon praying judgment of foreclosure. The case was tried before the judge without a jury and judgment was entered in favor of the plaintiff. The defendant settled a statement and bill of exceptions and thereupon appealed from the judgment.
The questions presented by this appeal for our…
2Cases cited7 opinions
- Reed v. JohnsonWashington Supreme Court · 1901
- Stevens v. Home Savings & Loan Ass'nIdaho Supreme Court · 1898
- Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
- Fidelity Savings Ass'n v. SheaIdaho Supreme Court · 1899
- Anderson v. Oregon Mortgage Co.Idaho Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bjornstad v. PerryIdaho Supreme Court · 1968
- Irwin Rogers Insurance Agency, Inc. v. MurphyIdaho Court of Appeals · 1992
- Reynolds v. Continental Mortgage Co.Idaho Supreme Court · 1962
- United States Building & Loan Ass'n v. LanzarottiIdaho Supreme Court · 1929
- Knight v. American Investment & Improvement Co.Washington Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.