Commercial Bank v. Lieuallen
Idaho Supreme Court
APPEAL from District Court, Latah County. The last note was signed by Mr. Lieuallen alone, and there was pledged as security therefor, together with other notes, a chattel mortgage upon Mr. Lieuallen’s stock of goods.
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APPEAL from District Court, Latah County. The last note was signed by Mr. Lieuallen alone, and there was pledged as security therefor, together with other notes, a chattel mortgage upon Mr. Lieuallen’s stock of goods. Why place a mere memorandum note in a mortgage, and how is it possible to proceed with a chattel mortgage foreclosure upon a mere memorandum while the plaintiff holds the only actual evidence of the debt? These facts and circumstances indicate, we think, that these notes were given by Mr. Lieuallen in payment of the original debt, and were accepted by the bank as such. {Waydell…
1Opinion of the CourtSullivan, J.
This action is by the Commercial Bank against J. W. Lieuallen and C. C. Lieuallen, as makers of a promissory note for $1,683.75. The plaintiff prays for a decree foreclosing the real estate mortgage executed by J. W. Lieuallen and Ivanella Lieuallen, husband and wife, as security for the payment of said note. A. A. Lieuallen and A. J. Cable were made defendants, on the ground that they had a lien against the real estate, which lien plaintiff claims is subsequent to the lien of said mortgage. J. W. Lieuallen and his wife contested the right of the bank to foreclose said mortgage, on the ground…
2Cases cited1 opinion
- Sabin v. BurkeIdaho Supreme Court · 1894
3Cited by9 opinions
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- Stuart v. HauserIdaho Supreme Court · 1903
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