Tipton v. Ellsworth
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to foreclose real estate mortgage. Judgment for plaintiff. Tbe i decree is erroneous because it destroys the equity of redemption, not only of Ephriam G. Ellsworth, but also of Mrs. Ellsworth.
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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to foreclose real estate mortgage. Judgment for plaintiff. Tbe i decree is erroneous because it destroys the equity of redemption, not only of Ephriam G. Ellsworth, but also of Mrs. Ellsworth. A separate sale of the property should have been decreed because, under our statute, such sales are made subject to the right of the owner to redeem. {Bairn v. Reynolds, 11 Cal. 1A-21.) 1 ‘ The decree should have provided for a sale of the property embraced in each mortgage to…
1Opinion of the CourtSullivan, C. J.
This action was brought by the plaintiff to foreclose three mortgages executed by the appellants. Two of the mortgages were executed by O. E. Guernsey, one *212to secure the payment of $3,000 and one to secure interest notes on that $3,000 debt. The other mortgage was given by the appellants to secure an indebtedness of $8,300 evidenced by four promissory notes for $2,000 each and one for $300, payable to Norman Buck, with interest at seven per, cent per annum, being the purchase price for an 800 acre tract of land near Wall a in Nez Perce county. Said mortgage, in addition to the Buck ranch,…
2Cases cited15 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- Dugan v. LewisTexas Supreme Court · 1891
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Hall v. JohnsIdaho Supreme Court · 1909
- Warren v. StoddartIdaho Supreme Court · 1899
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3Cited by15 opinions
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- Keylon v. InchWashington Supreme Court · 1934
- Vinneau v. GoedeWashington Supreme Court · 1957
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