Legal Opinion

Noble v. Harris

Idaho Supreme Court

Decided February 3, 1921PublishedCited by 3 opinions

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Application for writ of assistance. Application granted and defendant Alvin M. Harris appeals.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Application for writ of assistance. Application granted and defendant Alvin M. Harris appeals. Harris was in possession under an expired lease on agricultural lands, and he was permitted to remain undisturbed in possession of the premises from January 1, 1916, without a word of complaint from petitioner until April 7, 1916, and without any act on her part until June 10, 1916. Harris is entitled ipso facto to a full year’s possession on being allowed to stay 60 days without…

1Opinion of the CourtDunn, J.

In 1909 the appellant Alvin M. Harris was the owner of 540 acres of land in Owyhee county, on which *403there were two mortgages aggregating $7,496. In addition to this, he owed the Idaho Trust & Savings Bank of Boise, $11,000 on loans. Being unable to pay, he authorized the bank to make sale of this property for $22,000 and out of the proceeds to pay the aforesaid’ mortgages and the amount due said bank. The bank made sale of this land for Harris to one Gilbert Donaldson, to whom Harris executed a deed. Being unable to pay the full purchase price, Donaldson obtained a loan from the bank and to…

2Cited by3 opinions

  1. Williams v. ShermanIdaho Supreme Court · 1922
  2. Smith v. Maud Oil & Gas Co.Supreme Court of Oklahoma · 1924
  3. Berding v. VarianIdaho Supreme Court · 1921

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