Commercial Trust Co. v. Idaho Brick Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to collect a debt and foreclose a mortgage. The Idaho Brick Co. has an absolute right to have the brick, covered by the bill of sale, sold on decree of foreclosure under sec. 4520, Rev. Codes, 'and since the respondent was foreclosing the deeds as mortgages, the appellants had a right to have the bill of sale foreclosed in the one action.
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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to collect a debt and foreclose a mortgage. The Idaho Brick Co. has an absolute right to have the brick, covered by the bill of sale, sold on decree of foreclosure under sec. 4520, Rev. Codes, 'and since the respondent was foreclosing the deeds as mortgages, the appellants had a right to have the bill of sale foreclosed in the one action. (Murphy v. Bussell, 8 Ida. 133, 67 Pac. 421.) The court cannot hold that the bill of sale is not a part of the security which the…
1Opinion of the CourtStewart, J.
This action was brought by the respondent against the appellants for the purpose of recovering a money judgment against the Idaho Brick Company, Ltd., a corporation, 'and to foreclose two certain trust deeds or mortgages given as security for money advanced by the respondent to the appellants, the Idaho Brick Company. One of the trust deeds was executed by the brick company on real estate owned by it, and the other trust deed was executed by the defendants L. L. Haynes and Abbie R. Haynes on property owned by Abbie R. Haynes.
A decree was entered in favor of the respondent against the Idaho…
2Cases cited11 opinions
- Dalliba v. WinschellIdaho Supreme Court · 1905
- Petajaniemi v. WashIngton Water Power Co.Idaho Supreme Court · 1912
- Oleson v. Bank of TacomaWashington Supreme Court · 1896
- Davis v. EdwardsWashington Supreme Court · 1906
- Salisbury v. SpoffordIdaho Supreme Court · 1912
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3Cited by4 opinions
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