Boise Payette Lumber Co. v. Winward

BBINCK, District Judge.

On October 1, 1919, Charles Winward and Florence Winward, husband and wife, executed to the Home Trust & Savings Company their mortgage upon certain real estate to secure the payment of their note to said mortgagee in the sum of $7,000. The court found that said note and mortgage were executed for the purpose of paying off a former mortgage owed by the mortgagors to the mortgagee upon which there was owing about $4,000, and that the remainder of said $7,000 was to be used in the improvement of the real estate mortgaged; and further found that the portion of the $7,000…