Walsh v. Coghlan
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Suit by vendors of real property for foreclosure of vendees’ interest therein and for sale thereof. Decree for plaintiffs. In a contract for the sale of land where the vendor retains title, said vendor cannot bring an action to foreclose a vendor’s lien.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Suit by vendors of real property for foreclosure of vendees’ interest therein and for sale thereof. Decree for plaintiffs. In a contract for the sale of land where the vendor retains title, said vendor cannot bring an action to foreclose a vendor’s lien. The vendor’s remedy in such a case is upon the contract, either to enforce specific performance or in an action at law. (Brush v. Kingsley, 14 Ohio, 20; McKinnon v. Johnson, 54 Fla. 538, 45 So. 451; Avery v. Clark, 87 Cal. 629, 22 Am. St.…
1Opinion of the CourtMorcan, C. J.
Appellants, Harlan W. and Annetta R. Coghlan, and respondents, on July 16, 1909, executed a writ*117ten contract whereby the latter agreed to sell to the former a lot in Boise City for $2,000, $300 of which was paid and the balance was to be paid in quarterly instalments, evidenced by twenty-two promissory notes for $75 each and one for $50, bearing interest at the rate of 8% per annum. One of the conditions of the contract was that if the purchasers should make all payments according to its terms, respondents would execute and deliver to them a warranty deed conveying the lot and furnish them an…
Also in this document: Concurrence.
2Cases cited11 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- Security Savings Co. v. MackenzieOregon Supreme Court · 1898
- Taylor v. Interstate Investment Co.Washington Supreme Court · 1913
- Kent v. WilliamsCalifornia Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ellis v. ButterfieldIdaho Supreme Court · 1977
- Mochel v. ClevelandIdaho Supreme Court · 1930
- Hendrix v. Gold Ridge Mines, Inc.Idaho Supreme Court · 1936
- Abercrombie v. StoddardIdaho Supreme Court · 1924
- Associated Developers Co. v. InfangerIdaho Supreme Court · 1962
9 more not listed; retrieve them via the Exa API.