Ferguson Fruit & Land Co v. Goodding

VARIAN, Commissioner.

This is an action to foreclose a mortgage on certain real estate situate in Twin Falls county. Appellant, a domestic corporation, sold the land covered by the mortgage to respondents who gave their notes, secured by the mortgage, for part of the purchase price. The first note, and interest for one year, was paid. Eight months after respondents failed to pay the second note and the interest due for that year, appellant elected to consider the whole amount due and commenced foreclosure.

The answer denies that appellant is a corporation “duly or regularly organized” under the…