Kindall v. Lincoln Hardware & Implement Co.
Idaho Supreme Court
APPEAL from District Court, Idaho County, This action was brought under section 3396 of the Revised Statutes to contest the foreclosure of a crop mortgage, and its determination involves a construction of said section as to the proper procedure in cases where the mortgagee’s right to foreclose is challenged.
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APPEAL from District Court, Idaho County, This action was brought under section 3396 of the Revised Statutes to contest the foreclosure of a crop mortgage, and its determination involves a construction of said section as to the proper procedure in cases where the mortgagee’s right to foreclose is challenged. We maintain that the death of the wife, especially after action brought and an injunction bond given, as in this case, did not have any such miraculous effect as to make a mortgage valid that was void in her lifetime. Mortgages are not made valid by the death of parties who should have…
1Opinion of the CourtQuarles, C. J.
— On the fourteenth day of September, 1899, the respondent, the Lincoln Hardware and Implement Company, a corporation, sold to the appellant, Kindall, and the respondents C. S. Stone and E. E. Squires, one 32-Columbia thresher and 8-horse triple gear power, with divers fixtures thereunto belonging, conditionally, and entered into a contract of sale, under the terms of which said thresher, etc., was to remain the property of said corporation, who was to retain the title thereto until the said purchase price, with interest thereon, was fully paid. On the said date the appellant, Kindall, and…
2Cited by6 opinions
- Claussen v. ChapinMontana Supreme Court · 1923
- Dougal v. EbyIdaho Supreme Court · 1906
- Kindall v. Lincoln Hardware & Implement Co.Idaho Supreme Court · 1904
- McMahon v. CooperIdaho Supreme Court · 1913
- Grandview State Bank v. TorranceIdaho Supreme Court · 1923
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