Sassaman v. Root
Idaho Supreme Court
APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action to foreclose a chattel mortgage. From judgment for plaintiffs, defendants appeal. Property acquired by money borrowed during coverture is presumed to be community property.
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APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action to foreclose a chattel mortgage. From judgment for plaintiffs, defendants appeal. Property acquired by money borrowed during coverture is presumed to be community property. (Northwestern & P. Ilypotheek Bank v. Bauch, 7 Ida. 152, 61 Pac. 516; Chaney v. The Qauld Co., 28 Ida. 76, 152 Pae. 468; Yesler v. Hochstettler, 4 Wash. 349, 30 Pae. 398; Katterhagen v. Keister, 75 Wash. 112, 134 Pac. 673.) Where property is claimed as separate property acquired during coverture the…
1Opinion of the CourtWilliam A. Lee, J.
— This is an action to foreclose a chattel mortgage executed by appellant Malda R. Root, which was given to respondents to secure a note for $3,000, bearing interest at ten per cent, payable one year from date thereof.
The amended complaint alleges that Malda R. Root executed to the State Bank of Kamiah on December 15, 1919, a note for $3,000, payable on demand, and that this note given to respondents was in consideration of their being sureties for the payment of the note given to the bank. Both notes and the mortgage are pleaded haec verba in the complaint. Respondents do not allege that…
2Cases cited11 opinions
- In Re Estate of PepperCalifornia Supreme Court · 1910
- Union Trust Co. v. MorrisonSupreme Court of the United States · 1888
- Peck v. BrummagimCalifornia Supreme Court · 1866
- Cheek v. BellowsTexas Supreme Court · 1856
- Tillis v. FolmarSupreme Court of Alabama · 1906
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3Cited by6 opinions
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