Ewald v. Hufton
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to foreclose mortgage. Judgment for plaintiff. There being no community debts against the community property at the death of the wife, her one-half of the community property descends absolutely unencumbered to the heirs of their body under sec. 5713, Eev.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to foreclose mortgage. Judgment for plaintiff. There being no community debts against the community property at the death of the wife, her one-half of the community property descends absolutely unencumbered to the heirs of their body under sec. 5713, Eev. Codes, before amendment, and the husband has no longer any control over the estate and property descended to the minor heirs of their body at' the time of the death of the wife, because any trust that the surviving spouse had of…
1Opinion of the CourtRice, J.
This is an action to foreclose a mortgage upon certain real estate in Ada county. It appears that the property was community property of appellant W. W. Hufton and his wife, Ida Hufton; that Ida Hufton died on September 16, 1909, and left as her heirs the appellants, Gratta Louise Hufton, who at the. time of her mother’s, death was at the age of four years, and Ida Hufton, who was born at the time of her mother’s death. Appellant married his second wife, Hester B., April 12, 1911. On April 10, 1912, appellant and his wife, Hester, executed the mortgage in*377volved in this action. On March 23,…
2Cases cited30 opinions
- Arnett v. ReadeSupreme Court of the United States · 1911
- Edwards v. BrownTexas Supreme Court · 1887
- Schramm v. SteeleWashington Supreme Court · 1917
- Marston v. RueWashington Supreme Court · 1916
- Kohny v. DunbarIdaho Supreme Court · 1912
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3Cited by19 opinions
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- Humbird v. HumbirdIdaho Supreme Court · 1926
- Radermacher v. RadermacherIdaho Supreme Court · 1940
- Taylor v. JustIdaho Supreme Court · 2002
- Peterson v. PetersonIdaho Supreme Court · 1922
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