Dighton v. First Exchange National Bank
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Suit to foreclose mortgage. Judgment for plaintiff. The mortgagor having sold the land, cannot extend the statute by any act of his. (California Bank v. Brooks, 126 Cal. 198, 59 Pac. 302; Brandenstein v. Johnson, 140 Cal. 29, 73 Pac. 744; Cook v. Prindle, 97 Iowa, 464, 59 Am. St. 424, 66 N. W. 781; Cottrell v. Shepherd, 86 Wis. 649, 39 Am.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Suit to foreclose mortgage. Judgment for plaintiff. The mortgagor having sold the land, cannot extend the statute by any act of his. (California Bank v. Brooks, 126 Cal. 198, 59 Pac. 302; Brandenstein v. Johnson, 140 Cal. 29, 73 Pac. 744; Cook v. Prindle, 97 Iowa, 464, 59 Am. St. 424, 66 N. W. 781; Cottrell v. Shepherd, 86 Wis. 649, 39 Am. St. 919, 57 N. W. 983; George v. Butler, 26 Wash. 456, 90 Am. St. 756, 67 Pac. 263, 57 L. R. A. 396; Hubba/rd v. Missouri Valley Life Ins. Go., 25…
1Opinion of the Court
MORGAN, O. J.
On May 13, 1910, T. G. Kaesemeyer and Emma Kaesemeyer, his wife, executed their note in favor of respondent for the sum of $2,000, due one year after date, together with a mortgage, which was recorded on May 18, 1910, conveying to respondent certain real estate by way of security for the payment of the note. On April 12, 1912, the mortgagors deeded the premises in question to appellant, by way of security, and in November of that year they departed from the state and had not returned at the time of the trial in the district court. On March 7, 1916, the Kaesemeyers executed a deed…
2Cases cited12 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Clark v. PaddockIdaho Supreme Court · 1913
- Clinton County v. CoxSupreme Court of Iowa · 1873
- Emory v. KeighanIllinois Supreme Court · 1880
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3Cited by9 opinions
- Jeppesen v. Rexburg State BankIdaho Supreme Court · 1936
- Mendini v. MilnerIdaho Supreme Court · 1929
- First National Bank of Pocatello v. Commercial Union Assurance Co.Idaho Supreme Court · 1925
- Twin Falls Oakley Land & Water Co. v. MartensCourt of Appeals for the Ninth Circuit · 1921
- Portland Cattle Loan Co. v. BiehlIdaho Supreme Court · 1925
4 more not listed; retrieve them via the Exa API.