Dern v. Olsen
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action by the plaintiff for the foreclosure of a mortgage. Judgment for defendants and plaintiff appealed. It was not necessary that respondents should promise to pay the indebtedness to extend a new date for the statute to commence running as to the mortgage. All that was required was a plain and distinct acknowledgment in writing of the existence of the mortgage.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action by the plaintiff for the foreclosure of a mortgage. Judgment for defendants and plaintiff appealed. It was not necessary that respondents should promise to pay the indebtedness to extend a new date for the statute to commence running as to the mortgage. All that was required was a plain and distinct acknowledgment in writing of the existence of the mortgage. (Foster v. Bowles, 138 Cal. 449, 71 Pae. 495; Concannon v. Smith, 134 Cal. 14, 66 Pae. 40; Kelly v. Leachmcm, 3 Ida. 629-639,…
1Opinion of the CourtAilshie, J.
This action was instituted for the foreclosure nf a mortgage. The note and mortgage were dated at Salt Lake City December 18, 1901, andibeeame due and payable ■July 1, 1902, at McCornick & Company’s bank at Salt Lake City. Certain letters from each of the defendants Olsen and ‘Browne were pleaded by the plaintiff for the purpose of showing that each of the defendants had acknowledged the debt so as to relieve the cause of action from the plea of the bar •of the statute of limitations. To this complaint the defendants demurred, alleging as ground for the demurrer that the •complaint on its…
2Cases cited21 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- McCormick v. BrownCalifornia Supreme Court · 1868
- Southern Pacific Co. v. ProsserCalifornia Supreme Court · 1898
- Elder v. DyerSupreme Court of Kansas · 1881
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3Cited by15 opinions
- Branch v. LambertOregon Supreme Court · 1922
- John W. Masury & Son v. Bisbee Lumber Co.Arizona Supreme Court · 1937
- Wooster v. ScorseArizona Supreme Court · 1914
- In Re Estate of SmithSupreme Court of Iowa · 1949
- Mahas v. KasiskaIdaho Supreme Court · 1928
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