Standard Oil Co. v. Idaho Community Oil Co.

Plaintiff brought this action against defendant Idaho Community Oil Company to foreclose a mortgage covering both real and personal property. The mortgage covered property in Montana and Idaho. The state of Montana was permitted to intervene. It was shown to have liens covering part of the same property accruing under Chapter 175, Laws of 1929, but which were subsequent in point of time to plaintiff’s mortgage. The state contends that the mortgage was, and is, invalid as to it because it did not contain an affidavit of good faith on the part of the mortgagee. The court found against the state…