Dighton v. First Exchange National Bank
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Suit to foreclose mortgage. Judgment for plaintiff. The mortgagor having sold the land, cannot extend the statute by any act of his. (California Bank v. Brooks, 126 Cal. 198, 59 Pac. 302; Brandenstein v. Johnson, 140 Cal. 29, 73 Pac. 744; Cook v. Prindle, 97 Iowa, 464, 59 Am. St. 424, 66 N. W. 781; Cottrell v. Shepherd, 86 Wis. 649, 39 Am.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Suit to foreclose mortgage. Judgment for plaintiff. The mortgagor having sold the land, cannot extend the statute by any act of his. (California Bank v. Brooks, 126 Cal. 198, 59 Pac. 302; Brandenstein v. Johnson, 140 Cal. 29, 73 Pac. 744; Cook v. Prindle, 97 Iowa, 464, 59 Am. St. 424, 66 N. W. 781; Cottrell v. Shepherd, 86 Wis. 649, 39 Am. St. 919, 57 N. W. 983; George v. Butler, 26 Wash. 456, 90 Am. St. 756, 67 Pac. 263, 57 L. R. A. 396; Hubba/rd v. Missouri Valley Life Ins. Go., 25…
1Dissent
RICE, J.,
Dissenting. — This case presents a new question in this state. I dissent from the conclusion reached by the majority of the court. Both the weight of authority and the sounder reasoning appear to me to be contrary to the views expressed in the foregoing opinion.
When the Kaesemeyers executed their mortgage to Dighton, there was no implied contract that they would not thereafter sell the property mortgaged to someone else. When they executed their deed to appellant, no • relationship of agency existed between them and appellant whereby they could in any manner represent appellant or…
2Cases cited13 opinions
- Boucofski v. JacobsenUtah Supreme Court · 1909
- Wood v. GoodfellowCalifornia Supreme Court · 1872
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Brandenstein v. JohnsonCalifornia Supreme Court · 1903
- Smith v. HurdSupreme Court of Minnesota · 1892
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