Brinton v. Johnson
Idaho Supreme Court
APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action to foreclose mortgage. Demurrer to answer sustained. The tax lien had all the effect of a personal judgment against the owner, Brinton, and was a lien, not only on the property conveyed, but on all his other property.
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APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action to foreclose mortgage. Demurrer to answer sustained. The tax lien had all the effect of a personal judgment against the owner, Brinton, and was a lien, not only on the property conveyed, but on all his other property. (Rice v. Rock, 26 Ida. 552, 144 Pae. 786.) Our statute provides plainly and concisely that the implied covenant against encumbrances runs “to the grantee, Ms heirs and assigns.” (See. 5384, C. S.; Polak v. Mattson, 22 Ida. 727, 128 Pac. 89.) A substantially…
1Opinion of the CourtBice, C. J.
On August 28, 1919, respondent, by warranty deed, “granted” to appellants Auguste Johnson and J. A. Johnson, wife and husband, certain lots in the city of Lewiston. On the same day these appellants executed a mortgage to respondent, in the sum of $12,380, to secure a balance on the purchase price. The mortgage was due on or before one year from date with interest payable semiannually, and provided that if interest was not paid when due the whole sum of both principal and interest would become immediately due and collectible at the option of the holder of the note. On August 29, 1919, Auguste…
2Cases cited13 opinions
- Woodward v. BrownCalifornia Supreme Court · 1897
- Arnold v. JoinesSupreme Court of Oklahoma · 1915
- Lawrence v. MontgomeryCalifornia Supreme Court · 1869
- Warren v. StoddartIdaho Supreme Court · 1899
- Geiszler v. . De GraafNew York Court of Appeals · 1901
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3Cited by8 opinions
- Brinton v. JohnsonIdaho Supreme Court · 1925
- Chicago Title & Trust Co. v. Exchange National BankAppellate Court of Illinois · 1974
- Salinger v. Lincoln Nat. Life Ins.Court of Appeals for the Eighth Circuit · 1931
- Baker v. WilkesIdaho Supreme Court · 1927
- Zimmerman v. DahlbergIdaho Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.