First National Bank of Hailey v. Glenn
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District. Honorable Kirtland I. Perky, Judge. The First National Bank of Hailey, as assignee and owner and holder of the mortgage against the estate of G. P. Glenn, deceased, and others, commenced its action for the foreclosure thereof. Judgment was entered for the defendants, and from such judgment and an order denying a motion for a new trial, plaintiff appeals.
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APPEAL from the District Court of the Fourth Judicial District. Honorable Kirtland I. Perky, Judge. The First National Bank of Hailey, as assignee and owner and holder of the mortgage against the estate of G. P. Glenn, deceased, and others, commenced its action for the foreclosure thereof. Judgment was entered for the defendants, and from such judgment and an order denying a motion for a new trial, plaintiff appeals. The notary’s certificate of acknowledgment cannot be impeached by his own evidence. (Shapleigh v. Hull, 21 Colo, 419, 41 Pac. 1108; Northwestern etc. Bank v. Bauch, 5 Idaho, 752,…
1Opinion of the Court
AILSHIE, J. —
The First National Bank of . Hailey commenced this action on the twenty-fourth day of July, 1895, for the foreclosure of a real estate mortgage excuted by Oliver S. Glenn and Emma Glenn, his wife, and G. P. Glenn and Jennie Glenn, husband and wife. The mortgage was executed on the twenty-seventh day of July, 1887, to secure the payment of three promissory notes aggregating the sum of $8,733, and bearing interest from August 1, 1888, at the rate of one and one-half per cent per month in favor of H. E. Miller. Miller sold and transferred the notes and mortgage to appellant, prior…
Also in this document: Concurrence.
2Cases cited23 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- Central Bank v. CopelandCourt of Appeals of Maryland · 1862
- People v. OttoCalifornia Supreme Court · 1888
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
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3Cited by20 opinions
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- Qualls v. QuallsSupreme Court of Alabama · 1916
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- Myers v. EbyIdaho Supreme Court · 1920
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