Burbank v. Kirby
Idaho Supreme Court
APPEAL from District Court, Latah County. The court made and signed findings of fact, conclusions of law and decree, finding for the defendant and permitting the said instrument to stand against a creditor and supplying the defect in the certificate of acknowledgment by extraneous evidence. The declaration was absolutely void. (Beck v. Soward, 76 Cal. 527, 18 Pac. 650; Kennedy v. Gloste-r, 98 Cal. 143, 32 Pac. 941; Co-operative Loan etc.
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APPEAL from District Court, Latah County. The court made and signed findings of fact, conclusions of law and decree, finding for the defendant and permitting the said instrument to stand against a creditor and supplying the defect in the certificate of acknowledgment by extraneous evidence. The declaration was absolutely void. (Beck v. Soward, 76 Cal. 527, 18 Pac. 650; Kennedy v. Gloste-r, 98 Cal. 143, 32 Pac. 941; Co-operative Loan etc. Assn. v. Green, 5 Idaho, 660, 51 Pae. 770; Goodwin v. Mortgage Co., 110 U. S. 1, 3 Sup.Ct. Eep. 473; Smith v. Richards, 2 Idaho, 498, 21 Pac. 419.) No rights…
1Opinion of the CourtHuston, J.
— Plaintiff having recovered a judgment in the district court against defendant Thomas Kirby, issued execution thereon, and levied upon, and sold thereunder, certain real estate of said defendant. Having received a sheriff’s deed of the real estate, plaintiff made demand of possession of the property of defendant, and, possession being refused by the defendant, plaintiff brought this action to recover possession. Judgment in the first action was taken by default after personal service, no appearance having been made in said action by defendant. To this action defendants appear, and set up as…
2Cases cited2 opinions
- Beck v. SowardCalifornia Supreme Court · 1888
- Kennedy v. GlosterCalifornia Supreme Court · 1892
3Cited by5 opinions
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