Capital Lumber Co. v. Saunders
Idaho Supreme Court
APPEAL from .the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. This action was commenced and prosecuted by respondent as plaintiff in said district court to have certain instruments, in form warranty deeds, declared to be mortgages and foreclosed as such. Judgment for plaintiff. The deeds in this case from the insolvent Saunders to the Capital Lumber Company were not intended to be or to operate as mortgages.
Read the full summary
APPEAL from .the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. This action was commenced and prosecuted by respondent as plaintiff in said district court to have certain instruments, in form warranty deeds, declared to be mortgages and foreclosed as such. Judgment for plaintiff. The deeds in this case from the insolvent Saunders to the Capital Lumber Company were not intended to be or to operate as mortgages. Such a transaction does not constitute a mortgage, but an assignment for the benefit of two creditors and the debtor. (White v. Gotzhausen,…
1Opinion of the CourtTruitt, J.
The respondent is a corporation engaged in the business of selling lumber and building material in the city of Boise, Idaho, and had been so engaged for a long time prior to the commencement of said action. Hezekiah Saunders for some years before July 1, 1912, had been a builder and contractor in said city and was at that time engaged in said business, and on account of lumber and other building -materials purchased he became largely indebted to the plaintiff corporation, so that as found by the lower court the defendants, Hezekiah Saunders and Lucy Saunders, were indebted to the plaintiff in…
2Cases cited8 opinions
- White v. CotzhausenSupreme Court of the United States · 1889
- In re SieversDistrict Court, E.D. Missouri · 1899
- Bergen v. JohnsonIdaho Supreme Court · 1912
- Brown v. BryanIdaho Supreme Court · 1898
- Kelley v. LeachmanIdaho Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- First Nat. Bank v. ManassaOregon Supreme Court · 1915
- Bates v. PapeshIdaho Supreme Court · 1917
- Rogers v. Boise Ass'n of Credit MenIdaho Supreme Court · 1921