Gray v. Law
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. The evidence of Mrs. Eliza Spence was incompetent and inadmissible to impeach the certificate of acknowledgment. The certificate of acknowledgment was in due and regular form. (Northvjestern etc. Bank v. Rauch, 5 Idaho, 753, 51 Pae. 764; Bunn,ell & Eno Inv. Go. v. Curtis, 5 Idaho, 653, 51 Pac. 767; Co-operative Savings etc.
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APPEAL from District Court, Bear Lake County. The evidence of Mrs. Eliza Spence was incompetent and inadmissible to impeach the certificate of acknowledgment. The certificate of acknowledgment was in due and regular form. (Northvjestern etc. Bank v. Rauch, 5 Idaho, 753, 51 Pae. 764; Bunn,ell & Eno Inv. Go. v. Curtis, 5 Idaho, 653, 51 Pac. 767; Co-operative Savings etc. Assn. v. Green, 5 Idaho, 660, 51 Pac. 770; Christensen v. Ilolingsworth, ante, pp. 87, 94, 53 Pac. 311, 371; Curtis v. Bunnell etc. Co., ante, p. 398, 55 Pac. 659.) A certificate of acknowledgment regular in form can only be…
1Opinion of the CourtSullivan, J.
— This suit was brought to foreclose two mortgages, one on real estate and one on personal property, and for the cancellation of a decree of foreclosure and certificate of sheriff’s sale thereunder in a suit entitled “Fred. W. Law, as Administrator of the Estate of Hannah B. Humphreys, De*562ceased, against R. S. Spence and Eliza Spence, Husband and Wife.” The complaint contains allegations necessary in a foreclosure action, and attacks said decree of foreclosure and certificate of sale on the grounds that the said defendant Eliza Spence “never appeared before the officer purporting to take her…
Also in this document: Concurrence.
2Cases cited10 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Dye v. MannMichigan Supreme Court · 1862
- Lickmon v. HardingIllinois Supreme Court · 1872
- Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
- Russell v. Baptist Theological UnionIllinois Supreme Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- First National Bank of Hailey v. GlennIdaho Supreme Court · 1904
- Cockerell v. GriffithCourt of Appeals of Texas · 1923
- Myers v. EbyIdaho Supreme Court · 1920
- Rowray v. Casper Mut. Building & Loan Ass'nWyoming Supreme Court · 1935
- Kansas City Life Insurance v. HarrounIdaho Supreme Court · 1927
8 more not listed; retrieve them via the Exa API.