Kelley v. Clark
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. . Action to quiet title to real estate. Judgment for plaintiff.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. . Action to quiet title to real estate. Judgment for plaintiff. In view of the serious consequences to an owner of a mortgage upon refusal of a tender, which may often amount to an absolute loss of the entire debt, and the strong temptation which must exist to contrive merely colorable and sham tenders not intended in good faith, the evidence should be so full, clear, and satisfactory as to leave no reasonable doubt that the tender was made. (Potts v. Plmsted, 30 Mich. 149; Proctor v.…
1Dissent
AILSHIE, J.,
Dissenting. — The conclusion reached by my associates in this case goes so wide of what seems to me to be justice and equity that I feel constrained to express my views in the matter.
Stripped of all disguise, the case involves the question, pure and simple, of the respondent avoiding the payment of a debt aggregating $3,798.35. Under the decision reached by the majority of this court, respondent will be successful in this attempt, and by solemn decree of court will be enabled to defeat the collection of this sum of money. I shall not attempt to make any additional statement of…
2Cases cited20 opinions
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Hall v. ArnottCalifornia Supreme Court · 1889
- Renard v. ClinkMichigan Supreme Court · 1892
- Murray v. O'BrienWashington Supreme Court · 1909
- Leet v. ArmbrusterCalifornia Supreme Court · 1904
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