Brown v. Bryan
Idaho Supreme Court
APPEAL from District Court, Blaine County. If a deed absolute upon its face be in truth a mortgage, the title still remains in the mortgagor; no right of possession is .given the mortgagee under such a deed — it still is a Ren.
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APPEAL from District Court, Blaine County. If a deed absolute upon its face be in truth a mortgage, the title still remains in the mortgagor; no right of possession is .given the mortgagee under such a deed — it still is a Ren. (Kelley v. Leachman, 3 Idaho, 392, 29 Pae. 849.) The statutes •of Idaho not only provide that there shall be no other method ■of foreclosure, except that in a court, and the decree of a court (section 4520), but also provide that any contract for forfeiture ■of property subject to a Ren in satisfaction of a- debt secured thereby, and any contract in restraint of the…
1Opinion of the CourtMorgan, C. J.
(After Stating the Facts). — In the view we take of this case, there is no necessity of determining whether the trust deed given to the First National Bank of Hailey can be foreclosed by notice and sale, as was done in this case, or whether it must be foreclosed by suit, as seems to be required by sections 4530 and 4533 of the Revised Laws of Idaho. I may say, however, that this court has repeatedly decided that a deed absolute on its face, and a contemporaneous contract foi reconveyance upon payment of amount due grantee — that is, *7an article of defeasance — although, in a separate paper,…
2Cases cited4 opinions
- Kelley v. LeachmanIdaho Supreme Court · 1892
- Hawkins v. Spokane Hydraulic Mining Co.Idaho Supreme Court · 1891
- First National Bank of Lewiston v. WilliamsIdaho Supreme Court · 1890
- Wilson v. ThompsonIdaho Supreme Court · 1896
3Cited by25 opinions
- Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
- Meyers v. City of Idaho FallsIdaho Supreme Court · 1932
- Carroll v. Sisters of Saint Francis Health Services, Inc.Tennessee Supreme Court · 1993
- Christensen v. WestIdaho Supreme Court · 1968
- Bergen v. JohnsonIdaho Supreme Court · 1912
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