Brown v. Bryan
Idaho Supreme Court
APPEAL from District Court, Blaine County. If a deed absolute upon its face be in truth a mortgage, the title still remains in the mortgagor; no right of possession is .given the mortgagee under such a deed — it still is a Ren.
Read the full summary
APPEAL from District Court, Blaine County. If a deed absolute upon its face be in truth a mortgage, the title still remains in the mortgagor; no right of possession is .given the mortgagee under such a deed — it still is a Ren. (Kelley v. Leachman, 3 Idaho, 392, 29 Pae. 849.) The statutes •of Idaho not only provide that there shall be no other method ■of foreclosure, except that in a court, and the decree of a court (section 4520), but also provide that any contract for forfeiture ■of property subject to a Ren in satisfaction of a- debt secured thereby, and any contract in restraint of the…
1Opinion
ON REHEARING.
QUARLES, J.
— The opinion delivered in this case on the former hearing was set aside on petition for rehearing filed by the respondent, in which petition it was urged that the statement of facts prepared by Mr. Chief Justice Morgan on the former hearing, is incorrect, and not sustained, in some particulars, by the evidence in the record. (See former opinion, 5 Idaho, 145, 51 Pac. 996.) The question whether a trust deed given as security for a debt can be foreclosed by notice and sale, without an action of foreclosure, commenced and prosecuted in the proper court, was not argued by…
2Cases cited14 opinions
- Grant v. BurrCalifornia Supreme Court · 1880
- Bell Silver & Copper Mining Co. v. First National BankSupreme Court of the United States · 1895
- Fogarty v. SawyerCalifornia Supreme Court · 1861
- Koch v. BriggsCalifornia Supreme Court · 1859
- Thompson v. McKayCalifornia Supreme Court · 1871
9 more not listed; retrieve them via the Exa API.