Union Trust & Savings Bank v. Idaho Smelting & Refining Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Suit for foreclosure of a mortgage. Complaint in intervention by Title Guaranty & Surety Co. Judgment for the plaintiff. Intervenor appealed. It is contended by plaintiff’s counsel that there is nothing in the record to show that the defendant mortgagor is now, or was, insolvent at the time of the execution of the mortgage.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Suit for foreclosure of a mortgage. Complaint in intervention by Title Guaranty & Surety Co. Judgment for the plaintiff. Intervenor appealed. It is contended by plaintiff’s counsel that there is nothing in the record to show that the defendant mortgagor is now, or was, insolvent at the time of the execution of the mortgage. There is no direct allegation in the complaint in intervention to that effect, but it is submitted that plaintiff’s complaint itself shows such a state of facts,…
1Opinion of the CourtAilshie, C. J.
This is an appeal from a judgment entered on the pleadings and an order denying intervenor’s motion to vacate and set aside the judgment and permit the intervenor to file an amended complaint in intervention.
*741The essential facts are substantially as follows: The Union Trust & Savings Bank of Spokane commenced an action against the Idaho Smelting & Refining Co. to foreclose a trust deed executed by the Idaho Smelting & Refining Co. on January 25, 1908, for the security of a bond issue of $500,000. The defendant defaulted, and its default was entered on November 14, 1912. After the entry of…
2Cases cited12 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Potlatch Lumber Co. v. RunkelIdaho Supreme Court · 1909
- Farmers' Loan & Trust Co. v. San Diego St. Car Co.U.S. Circuit Court for the District of Southern California · 1891
- Cooper v. Utah Light & Railway Co.Utah Supreme Court · 1909
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3Cited by5 opinions
- Griffin v. SmithWashington Supreme Court · 1925
- LA VOY SUPPLY COMPANY v. YoungIdaho Supreme Court · 1962
- First Trust & Savings Bank v. RandallIdaho Supreme Court · 1936
- A. & H. Food Market, Inc. v. RiggsIdaho Supreme Court · 1951
- Equitable Trust Co. v. Great Shoshone & Twin Falls Water Power Co.Court of Appeals for the Ninth Circuit · 1917