Pettengill v. Blackman
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title to certain real property, brought under sec. 4538, Rev. Codes. From a judgment for defendant, plaintiff appeals. The giving of the trustee deed and mortgage by the Boise State Bank was unauthorized. The board of directors of the bank did not meet pursuant to law at the time the mortgage and trustee deed were acted upon.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title to certain real property, brought under sec. 4538, Rev. Codes. From a judgment for defendant, plaintiff appeals. The giving of the trustee deed and mortgage by the Boise State Bank was unauthorized. The board of directors of the bank did not meet pursuant to law at the time the mortgage and trustee deed were acted upon. (2 Thompson on Corporations, secs. 1139, 1140; Doernbecher v. Columbia City Lumber Co., 21 Or. 573, 28 Am. St. 766, 28 Pac. 899; Curtin v.…
1Opinion of the CourtBudge, C. J.
This is an action brought by Ben. Q; Pettengill, as receiver of the Boise State Bank, Limited, against William H. Blackman, Edward Payne as trustee, and Edward Payne, for the purpose of quieting title to lots Nos. 1, 2, 3, 4 and 5 of block No. 13, Riverside Addition to Boise City, Ada county. Herbert F. Lemp was also made a defendant, but plaintiffs dismissed as to him.
The case comes before us on appeal by the plaintiff from an adverse judgment entered by the district court of the third judicial district, in and for Ada county where the suit was brought. The complaint is in the usual form,…
2Cases cited37 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Moore v. CoppCalifornia Supreme Court · 1897
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
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3Cited by31 opinions
- Little v. Bergdahl Oil Co.Idaho Supreme Court · 1939
- Hammitt v. Virginia Mining Co.Idaho Supreme Court · 1919
- Portland Cattle Loan Co. v. Hansen Livestock & Feeding Co.Idaho Supreme Court · 1926
- Manley v. MacFarlandIdaho Supreme Court · 1958
- Weatherby v. Weatherby Lumber CompanyIdaho Supreme Court · 1972
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