Warren v. Stoddart
Idaho Supreme Court
APPEAL from District Court, Canyon County. Plaintiff having alleged title by written assignment from the payee to Simmons and the same being denied, in order to recover he must prove the title he has alleged. (14 Am. & Eng.
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APPEAL from District Court, Canyon County. Plaintiff having alleged title by written assignment from the payee to Simmons and the same being denied, in order to recover he must prove the title he has alleged. (14 Am. & Eng. Ency. of PL & Pr. 504, note B.) Does the evidence sustain the finding of the court that the sum of $1,000 was a reasonable attorney’s fee for the foreclosure of this mortgage? It is not alleged in the complaint that any expense whatever had been incurred in that behalf, and while plaintiff’s witnesses testified that the sum allowed is a reasonable fee, they also testified…
1Opinion of the CourtSullivan, J.
— This action was brought to foreclose a mortgage upon six hundred and forty acres of land situated in Canyon county. The defendants Walling and Davis are merely nominal parties. It is alleged in the complaint that the defendant Stoddart, who is the appellant here, executed and delivered to the Boise City and Nampa Irrigation, Land and Lumber Company, a corporation, on the sixteenth day of September, 1892, a certain promissory note for $6,400, with a mortgage securing the same; that on April 19, 1894, said corporation assigned said note and mortgage to one Simmons, who thereafter assigned…
2Cases cited12 opinions
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Bank of Woodland v. TreadwellCalifornia Supreme Court · 1880
- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884
- Shadburne v. DalyCalifornia Supreme Court · 1888
- Dougall v. SchulenbergCalifornia Supreme Court · 1894
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3Cited by20 opinions
- Hughes v. State Ex Rel. Idaho Board of Highway DirectorsIdaho Supreme Court · 1958
- State v. MaguireIdaho Supreme Court · 1917
- Crossler v. Safeway Stores, Inc.Idaho Supreme Court · 1931
- Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1909
- Kimpton v. Studebaker Bros.Idaho Supreme Court · 1908
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