McKinney v. Merritt
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Action for specific performance. Judgment for plaintiff. The certificate of acknowledgment by both husband and wife to the writing by which community real estate is sold, or encumbered, is an essential part of the instrument, must be attached to it or indorsed on it, and such instrument without such certificate of acknowledgment is void and unenforceable.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Action for specific performance. Judgment for plaintiff. The certificate of acknowledgment by both husband and wife to the writing by which community real estate is sold, or encumbered, is an essential part of the instrument, must be attached to it or indorsed on it, and such instrument without such certificate of acknowledgment is void and unenforceable. (C. S., secs. 4666, 5393-5398; Mathews v. Davis, 102 Cal. 202, 36 Pac. 358; Leonis v. Lazzarovich, 55 Cal. 52; Banbury v. Arnold, 91…
1Opinion of the CourtBudge, J.
This is an action for specific performance. From the record it appears that on March 14, 1917, appellants entered into a written option contract with J. • P. Corcoran, whereby they agreed to sell to him or to his assignee certain real estate and personal property, for the sum of $5,000, to be paid on or before April 14, 1917. The contract acknowledges payment of $100 to appellants by Corcoran, and on the date of the receipt by the latter of the contract, he assigned the same to the respondent herein.
It is conceded that the premises described in the contract were, at the time the contract was…
2Cases cited7 opinions
- Kohny v. DunbarIdaho Supreme Court · 1912
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- Knudsen v. LythmanIdaho Supreme Court · 1920
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