King v. Richardson

The preliminary transactions of this controversy fully appear in Richardson v. King, 51 Ida. 762, 10 Pac. (2d) 323, respondents here, appellants there being stalemated because the proper action was not brought, the real issue being whether an instrument given' respondents by appellant was a deed or mortgage and if the former whether fraudulently obtained.

Thereafter respondents brought an action to quiet title, wherein appellant sought to have his default set aside urging no service had been made, and in his proffered answer again set up fraud and that the instrument was a mortgage and not a…