Eaton v. McCarty
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to quiet title to real estate. From a judgment lor defendants, plaintiffs appeal. Resort to tax title to divest the title of the mortgagors was unauthorized by the mortgage contract and the statute.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to quiet title to real estate. From a judgment lor defendants, plaintiffs appeal. Resort to tax title to divest the title of the mortgagors was unauthorized by the mortgage contract and the statute. All payments made by the mortgagee for due and delinquent taxes should have been added to the debt secured by the mortgage and foreclosure should have been brought for the total sum. {Shepard v. Vincent, 38 Wash. 493, 80 Pac. 777; Jones v. Black, 18 Okl. 344, 11 Ann. Cas. 753, 88…
1Opinion of the Court
MCCARTHY, J.-
This is an action to quiet title to certain land in Kootenai county, instituted by appellant Hattie Eaton, per se, and as administratrix of the estate of Pressley Eaton, deceased, and guardian of her minor children, Truman Eaton, Gladys Eaton, and Clayton Eaton, and by appellants May Thomas and Oscar Eaton, sui juris. The property in controversy was the homestead of Pressley Eaton and appellant Hattie Eaton, his wife. In 1904 he died leaving as his heirs appellant Hattie Eaton and his children, the other appellants. Appellant Hattie Eaton was appointed administratrix of his…
2Cases cited4 opinions
- Heiss v. MurpheyWisconsin Supreme Court · 1876
- Beardsley v. Selectmen of BridgeportSupreme Court of Connecticut · 1885
- McLaughlin v. AcomSupreme Court of Kansas · 1897
- Allen v. Dayton Hotel Co.Tennessee Supreme Court · 1895
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