Kelley v. Clark
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. . Action to quiet title to real estate. Judgment for plaintiff.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. . Action to quiet title to real estate. Judgment for plaintiff. In view of the serious consequences to an owner of a mortgage upon refusal of a tender, which may often amount to an absolute loss of the entire debt, and the strong temptation which must exist to contrive merely colorable and sham tenders not intended in good faith, the evidence should be so full, clear, and satisfactory as to leave no reasonable doubt that the tender was made. (Potts v. Plmsted, 30 Mich. 149; Proctor v.…
1Opinion of the CourtSullivan, J.
— On August 10, 1909, the district court in and for Ada county entered a judgment and decree in favor of C. K. Clark for the sum of $3,131.34, and adjudged and decreed the foreclosure of a certain mortgage on real estate situated in Boise City and for the sale of the property in payment of the judgment. In pursuance of this judgment and decree, the property was sold on the 2d day of October, 1909, and was bid in by C. K. Clark, the plaintiff in that action, who is defendant and appellant in this action. The time for redemption of the premises expired on October 2, 1910.
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2Cases cited12 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Cass v. . HigenbotamNew York Court of Appeals · 1885
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- Mitchell v. RobertsUnited States Circuit Court · 1883
- Moore v. NormanSupreme Court of Minnesota · 1890
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