Strode v. Miller
Idaho Supreme Court
APPEAL from District Court, Ada County. In mortgage foreclosure the jurisdiction of the court is strictly limited to ordering the mortgaged property sold in satisfaction of the lien thereon.
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APPEAL from District Court, Ada County. In mortgage foreclosure the jurisdiction of the court is strictly limited to ordering the mortgaged property sold in satisfaction of the lien thereon. Section 4520 of the Revised Statutes of Idaho provides as follows: “In such action, the court may, by its judgment, direct a sale of the encumbered property (or so much thereof as may be necessary) and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due to the plaintiff. A judgment must accord with and be warranted by the…
1Opinion of the CourtQuarles, J.
This action was commenced by the respondent, plaintiff below, to foreclose three several mortgages on-distinct parcels of land, securing three several notes executed at different times, each of said notes being payable to said respondent — one dated June 10, 1893, for $2,000, executed by appellant A. 0. Miller alone; one for $1,000, dated October 25, 1893, executed by said Miller and his wife, Sarah M. Miller; and the other for $1,000, dated December 12, 1894, executed by said Miller and wife. Each of said mortgages was executed and acknowledged by both said Miller and wife. There are no…
2Cases cited2 opinions
- Jaeckel v. PeaseIdaho Supreme Court · 1898
- Wilson v. Boise CityIdaho Supreme Court · 1899
3Cited by17 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Williams v. PaxtonIdaho Supreme Court · 1977
- Edminston v. SmithIdaho Supreme Court · 1907
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1908
- Booth Mercantile Co. v. MurphyIdaho Supreme Court · 1908
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