Fountain v. Lewiston National Bank
Idaho Supreme Court
APPEAL from District Court in and for Nez Perce County. Honorable Edgar C. Steele, Judge. Where a warranty deed and the agreement to reeonvey were given at the same time upon said date between the same parties for the same consideration and upon the same land, they constitute a mortgage.
Read the full summary
APPEAL from District Court in and for Nez Perce County. Honorable Edgar C. Steele, Judge. Where a warranty deed and the agreement to reeonvey were given at the same time upon said date between the same parties for the same consideration and upon the same land, they constitute a mortgage. (Kelly v. Leachman, 3 Idaho, 392, 29 Pac. 849; Pritchard v. Butler, 4 Idaho, 518, 43 Pac. 73; Wilson v. Thompson, 4 Idaho, 678, 43 Pac. 557.) The authorities are uniform in holding that in those states where the title remains in the mortgagor, a mortgage cannot be converted into a conveyance by the parties…
1Opinion of the CourtAilshie, J.
(After making the foregoing statement.)— After an extended and laborious examination of the record, three hundred and fifty pages of briefs and scores of authorities, we are convinced that, however the other questions raised might be resolved, still the appellant could not recover on account of the bar of the statute of limitations. It is quite clearly established that William F. Kettenbach, Sr., did not at any time during this transaction occupy or assume a fiduciary relation toward Mary McQueen. The dealings and business transactions which took place between them were at arms-length, in the…
2Cases cited23 opinions
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- Kirk v. SmithSupreme Court of the United States · 1829
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- King v. RemingtonSupreme Court of Minnesota · 1886
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. LongIdaho Supreme Court · 1955
- Gray v. FraserIdaho Supreme Court · 1942
- Hampton v. LivelyOhio Court of Appeals · 2020
- Koon v. EmpeyIdaho Supreme Court · 1924
- Northwestern & Pacific Hypotheekbank v. HobsonIdaho Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.