Muckle v. Hill
Idaho Supreme Court
APPEAL from tbe District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Presiding Judge. Action to reform and foreclose a mortgage. Judgment for plaintiff. Without showing intention of mortgagor to include tract in question in the mortgage and without showing mutuality of the mistake, no reformation can be had. (Houser v. Austin, 2 Ida. 204, 10 Pac. 37; Pomeroy Eq.
Read the full summary
APPEAL from tbe District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Presiding Judge. Action to reform and foreclose a mortgage. Judgment for plaintiff. Without showing intention of mortgagor to include tract in question in the mortgage and without showing mutuality of the mistake, no reformation can be had. (Houser v. Austin, 2 Ida. 204, 10 Pac. 37; Pomeroy Eq. Jur., sec. 854; 34 Cyc. 915; Woerner v. Woerner, 171 Cal. 298, 152 Pae. 919; MeGuigan v. Gaines, 71 Ark. 614, 77 S. W. 52; Quiggle v. Vining, 125 Ga. 98, 54 S. E. 74; Wachendorf v. Lancaster, 61…
1Opinion of the CourtBudge, J.
On August 31, 1910, the United Placer Mines Company, a corporation of Oregon, made, executed and delivered to James Muckle and Charles Muckle its promissory note for the sum of $41,000, secured by a mortgage of the same date between the same parties upon the Gold Center; Ferry Bar, the Griswold, and the Squaw Bar placer mining claims, situated in Idaho county, “together with all buildings and improvements thereon and especially one steam actuated hydraulic power plant situated on the Ferry Bar claim above mentioned. Together with the tenements, hereditaments and appurtenances thereto…
2Cases cited8 opinions
- Sparks v. HessCalifornia Supreme Court · 1860
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
- Sharp v. ThompsonIllinois Supreme Court · 1881
- Sarret v. HunterIdaho Supreme Court · 1919
- Maddox v. GoddardSupreme Judicial Court of Maine · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Clark v. SageIdaho Supreme Court · 1981
- Crouch v. PixlerArizona Supreme Court · 1958
- Dykstra v. DykstraIdaho Supreme Court · 1972
- Cell v. DrakeIdaho Supreme Court · 1940