Hannah v. Vensel
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action praying for a decree declaring a deed absolute on its face to be a mortgage only, and as having been given as security for the payment of a debt. Judgment for the plaintiff and the defendant appealed. The course of judicial proceedings or the time when the action must be commenced are covered by the lex fori. (Fed. Cases No. 10,260; Scudder v. Union Nat.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action praying for a decree declaring a deed absolute on its face to be a mortgage only, and as having been given as security for the payment of a debt. Judgment for the plaintiff and the defendant appealed. The course of judicial proceedings or the time when the action must be commenced are covered by the lex fori. (Fed. Cases No. 10,260; Scudder v. Union Nat. Bank, 91 ü. S. 414, 23 L. ed. 245.) The evidence in this case clearly shows that the transaction took place in the city of…
1Opinion of the CourtAilshie, Presiding J.
This action was instituted by the plaintiff to have a certain conveyance, appearing on its face as a deed, decreed to be a mortgage only. The conveyance was executed on or about the 25th of November, 1893, in the state of Pennsylvania, and it is admitted and conceded that it was given as security for the payment of a loan of $1,000. It was understood at the time of the execution of the deed of conveyance that upon payment of the principal and interest, the defendant would redeed the property to the plaintiff. The defeasance, however, was never reduced to writing as *800required by the laws of…
2Cases cited16 opinions
- Brine v. Insurance Co.Supreme Court of the United States · 1878
- State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
- Brown v. BryanIdaho Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bergen v. JohnsonIdaho Supreme Court · 1912
- Knudsen v. LythmanIdaho Supreme Court · 1920
- Northwestern & Pacific Hypotheekbank v. NordIdaho Supreme Court · 1935
- Howell, Exr. v. KlineSuperior Court of Pennsylvania · 1944
- Smith v. SchultzIdaho Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.