Broadbent v. Brumback
Idaho Supreme Court
APPEAL from District Court, Ada County. When the principal sum may become due, upon a failure to pay interest at the option of the mortgagee, the mortgagee should have exercised his option, and given notice of it before the commencement of the suit to foreclose. (Basse v. Ga'l-legger, 7 Wis. 443, 76 Am.
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APPEAL from District Court, Ada County. When the principal sum may become due, upon a failure to pay interest at the option of the mortgagee, the mortgagee should have exercised his option, and given notice of it before the commencement of the suit to foreclose. (Basse v. Ga'l-legger, 7 Wis. 443, 76 Am. Dec. 325; Marine Bank v. International Bank, 9 Wis. 57; Bosseel v. Jarvis, 15 Wis. 571; Jesup v. Bank, 14 Wis. 331.) Stipulations for attorneys’ fees are against public policy and void. (Bullock v. Taylor, 39 Mich. 137, 33 Am. Bep. 356; Van Marter v. McMillan, 39 Mich. 304; Myer v. Hart, 40…
1Opinion of the CourtBuck, J.
This was an action to foreclose a mortgage tried at the April term, 1887, in Ada countjr, and brought into this court on an appeal from the judgment.
*369The appellants assign thirteen errors, but group them in their brief, and rely upon five, to wit: 1. Error in overruling a general demurrer to the complaint; 2. Error in overruling a special demurrer to complaint; 3. Error in finding the note and mortgage sued on were valid; 4. Error in not finding upon all the material issues raised by the findings; 5. Error in the findings of fact, in that they are not supported by the evidence, and are too…
2Cases cited37 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- First National Bank v. GaySupreme Court of Missouri · 1876
- Myer v. HartMichigan Supreme Court · 1879
- Seaton v. ScovillSupreme Court of Kansas · 1877
- Sperry v. HorrSupreme Court of Iowa · 1871
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3Cited by11 opinions
- Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1938
- Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1909
- Griffin v. JonesSupreme Court of Oklahoma · 1914
- Warren v. StoddartIdaho Supreme Court · 1899
- Tipton v. EllsworthIdaho Supreme Court · 1910
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