Farnsworth v. Pepper
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Cassia County. Hon. Edward A. Walters, Judge. Action to foreclose a vendor’s lien on real estate. Judgment for the plaintiff. In order for the plaintiff to maintain an action to foreclose a vendor’s lien he must prove that he sold and conveyed the land on which he claims his lien.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District for Cassia County. Hon. Edward A. Walters, Judge. Action to foreclose a vendor’s lien on real estate. Judgment for the plaintiff. In order for the plaintiff to maintain an action to foreclose a vendor’s lien he must prove that he sold and conveyed the land on which he claims his lien. (Sec. 3441, Rev. Codes; Kelly v. Ruble, 11 Or. 75, 4 Pac. 593.) The purchaser of land will not be compelled to take or pay for a doubtful title. (Benson v. Shotwell, 87 Cal. 49, 25 Pac. 249; Brown v. Widen (Iowa), 103 N. W. 158.) The defendant is not…
1Opinion of the CourtSullivan, C. J.
— This action was brought to enforce an alleged vendor’s lien upon certain real estate situated in Cassia county, near Burley, Idaho. The action was tried by the court without a jury and finding of facts and conclusions of law were made by the trial court and judgment entered in favor of the plaintiff decreeing a vendor’s lien upon the premises involved. The appeal is from the judgment.
Numerous errors are assigned and reversal of the judgment demanded.
The following facts appear from the record:
*156The plaintiff and defendant on or about August 18, 1910, entered into a written contract for the…
2Cited by7 opinions
- State v. EmoryIdaho Supreme Court · 1935
- Davenport v. BurkeIdaho Supreme Court · 1915
- Quintana v. AnthonyIdaho Court of Appeals · 1985
- Walsh v. CoghlanIdaho Supreme Court · 1920
- Farm Credit Corp. v. Rigby National BankIdaho Supreme Court · 1930
2 more not listed; retrieve them via the Exa API.