Wilson v. Thompson
Idaho Supreme Court
APPEAL from District Court, Ada County. A deed absolute on its face, and a separate agreement by the grantee for a reconveyance of the same tract to grantor upon payment of consideration named in the deed by a specified time, bearing same date as deed, constitute together a mortgage.
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APPEAL from District Court, Ada County. A deed absolute on its face, and a separate agreement by the grantee for a reconveyance of the same tract to grantor upon payment of consideration named in the deed by a specified time, bearing same date as deed, constitute together a mortgage. (Kelley v. Leachman, 3 Idaho, 392, 29 Pac. 849; Devlin on Deeds, sec. 1101; Jones on Mortgages, sec. 244; Brush v. Peterson, 54 Iowa, 243, 6 N. W. 287; Hill v. Edwards, 11 Minn. 8; Balter v. Insurance Co., 79 Cal. 34, 21 Pac. 357; Wilson v. Schoenberger, 31 Pa. St. 295; Rietenbaugh v. Lutwiclt, 31 Pa. St. 131.)…
1Opinion of the CourtHuston, J.
This is an appeal from a judgment of the district court for the county of Ada. This action is sui generis. It is not an action in ejectment, because it alleges neither possession, ownership, nor ouster. It contains none of the essentials of a complaint under the statute for quia timet. It alleges a contract between plaintiff and defendants by which plaintiff agreed to sell to defendants, fox the sum of $800, to be paid within one year, with interest at the rate- of one per cent per month, certain real estate situated in Ada county, Idaho. This contract is not, as appears, predicated upon any…
2Cases cited1 opinion
- Kelley v. LeachmanIdaho Supreme Court · 1892
3Cited by8 opinions
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- Brown v. BryanIdaho Supreme Court · 1898
- Dickens v. HestonIdaho Supreme Court · 1933
- Northwestern & Pacific Hypotheekbank v. NordIdaho Supreme Court · 1935
- Brown v. BryanIdaho Supreme Court · 1896
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