Booth Mercantile Co. v. Murphy
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for the County of Bannock. Hon. Alfred Budge, Judge. Action by the plaintiff to foreclose a real estate mortgage. Judgment for the defendants. Plaintiff appeals. The evidence in this case shows that the debt in question was created for the use and benefit of Mrs. Julia Murphy, and relative to her separate estate. (Northwestern etc. Mypotheek Bank v. Rauch, 7 Ida. 152, 61 Pac. 152; Sparks v. Taylor (Tex. Civ.
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APPEAL from the District Court of the Fifth Judicial District for the County of Bannock. Hon. Alfred Budge, Judge. Action by the plaintiff to foreclose a real estate mortgage. Judgment for the defendants. Plaintiff appeals. The evidence in this case shows that the debt in question was created for the use and benefit of Mrs. Julia Murphy, and relative to her separate estate. (Northwestern etc. Mypotheek Bank v. Rauch, 7 Ida. 152, 61 Pac. 152; Sparks v. Taylor (Tex. Civ. App.), 87 S. W. 740.) When the acknowledgment or proof of execution of an instrument is properly made, but defectively…
1Opinion of the CourtAilshie, C. J.
This action was instituted to foreclose •a mortgage on certain real estate situated at Pocatello, Idaho. The note and mortgage were executed on May 29, 1903, at "West Jordan, Salt Lake county, Utah, by the defendant, Mrs. Julia Murphy. The defendant, Mrs. Murphy, who was then residing in Utah, purchased from the plaintiff some furniture, fixtures and supplies for the purpose of running and conducting a hotel business, and executed the note and mortgage in question in payment of the purchase price. At the time of •entering into this contract, Mrs. Murphy was the wife of Timothy Murphy. She…
2Cases cited12 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- In re Estate of MooreCalifornia Supreme Court · 1881
- Phelan v. SmithCalifornia Supreme Court · 1893
- Jaeckel v. PeaseIdaho Supreme Court · 1898
- Edminston v. SmithIdaho Supreme Court · 1907
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3Cited by15 opinions
- City of Klamath Falls v. Oregon Liquor Control CommissionOregon Supreme Court · 1934
- In Re Estate of MillerCalifornia Supreme Court · 1910
- Stewart v. Weiser Lumber Co.Idaho Supreme Court · 1912
- Tipton v. EllsworthIdaho Supreme Court · 1910
- Ness v. CofferIdaho Supreme Court · 1925
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