Machold v. Farnan
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. Action to have a certain deed and contract declared a mortgage and to redeem therefrom, and for damages. Judgment for plaintiff, from which he appeals. Deed intended as mortgage does not pass legal title. (Ma-bury v. Ruiz, 58 Cal. 11.) If a mortgage at the beginning, the instrument always remains a mortgage.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. Action to have a certain deed and contract declared a mortgage and to redeem therefrom, and for damages. Judgment for plaintiff, from which he appeals. Deed intended as mortgage does not pass legal title. (Ma-bury v. Ruiz, 58 Cal. 11.) If a mortgage at the beginning, the instrument always remains a mortgage. (Burton v. Lies, 21 Cal. 89.) Right to redeem from a mortgage cannot be waived by express stipulation of parties. (Goodenow v. Ener, 16 Cal. 461, 76 Am. Dec. 540; 27 Cyc. 1010.)…
1Opinion of the CourtSullivan, J.
This action is a continuation of the litigation of the parties hereto begun in April, 1907. See Machold v. Farnan, 14 Ida. 258, 94 Pac. 170, reference to which opinion is made for some of the facts in this ease. The action was originally brought for the specific performance of the contract sued on in this action, and the theory upon which the case was then tried was that said contract was for the sale of real estate. On the first trial judgment was given to the plaintiff and on appeal the judgment was reversed and a new trial granted. After the ease was remanded for a new trial, the plaintiff…
2Cases cited7 opinions
- Rodman v. QuickIllinois Supreme Court · 1904
- Cowing v. RogersCalifornia Supreme Court · 1868
- Decker v. PattonIllinois Supreme Court · 1887
- Machold v. FarnanIdaho Supreme Court · 1908
- Cline v. RobbinsCalifornia Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Harrington v. McCarthyIdaho Supreme Court · 1966
- Richardson v. KingIdaho Supreme Court · 1932
- Chambers v. ThomasIdaho Supreme Court · 1992
- McClellan v. DavisIdaho Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.