Moore v. Boise Land & Orchard Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to foreclose mortgages, with cross-action by defendants, Rayburn, McReynolds and Intervenor Dean, for adjudication of priority of their respective liens. Judgment for plaintiff and for Rayburn, McReynolds and Dean with priorities in the order named. A deed by a corporation, after its charter has been forfeited, is a nullity.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to foreclose mortgages, with cross-action by defendants, Rayburn, McReynolds and Intervenor Dean, for adjudication of priority of their respective liens. Judgment for plaintiff and for Rayburn, McReynolds and Dean with priorities in the order named. A deed by a corporation, after its charter has been forfeited, is a nullity. (Bradley, v. BeppelT, 133 Mo. 515, 51 Am. St. 685, 32 S. W. 615, 31 S. W. 811; Utah Optical Co. v. Keith, 18 Utah, 461, 56 Pac. 155; Provost v. Morgan’s L. <&…
1Opinion of the CourtMorgan, J.
Certain notes and mortgages involved herein were executed and delivered by Boise Land and Orchard Company on December 6, 1912, duly recorded and thereafter assigned to respondent, Moore, as collateral security. He holds legal title thereto and is such a party in interest that he may foreclose in his own name. (Craig v. Palo Alto Stock Farm, 16 Ida. 701, 102 Pac. 393; Utah Implement-Vehicle Co. v. Kenyon, 30 Ida. 407, 164 Pac. 1176.) On November 30, 1912, the charter of the Orchard Company was forfeited for nonpayment of its corporate license tax. On July 14, 1913, upon payment of the amount…
2Cases cited22 opinions
- Hancock v. FlemingIndiana Supreme Court · 1885
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
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3Cited by5 opinions
- Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
- Johnson v. CasperIdaho Supreme Court · 1954
- Guthrie v. EnsignIdaho Supreme Court · 1923
- Moore v. Boise Land & Orchard Co.Idaho Supreme Court · 1921
- Clark v. HendersonNorth Dakota Supreme Court · 1931