Childs v. Reed
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. William A. Babcock, Judge. Suit for specific performance or money judgment. Judgment for plaintiff. A decree for specific performance could not be entered in this action.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. William A. Babcock, Judge. Suit for specific performance or money judgment. Judgment for plaintiff. A decree for specific performance could not be entered in this action. “The husband .... cannot sell, convey or encumber the community real estate unless the wife join with him in executing and acknowledging the deed or other instrument of conveyance by which the real estate is sold, conveyed or encumbered.” (Sec. 4666, C. S.; Wits-KeetsPoo v. Rowton, 28 Ida. 193, 152 Pac. 1064; Armstrong v. Oakley, 23…
1Opinion of the Court
BUDGE, J. —
This is an action for specific performance, or a money judgment in lieu thereof, upon a contract involving the exchange of real property.
The cause was tried to the court with a jury, and on May 8, 1918, the court filed its findings of fact and conclusions of law, reciting that the cause had theretofore come on for trial and the jury had returned its general verdict in favor of respondent; and made answer to several interrogatories submitted to it, which were accepted and approved by the court, from which verdict and answers and from the evidence upon the trial, the court finds the…
2Cases cited18 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Morgan v. BellWashington Supreme Court · 1892
- Lewis v. YaleSupreme Court of Florida · 1852
- Adair v. AdairOregon Supreme Court · 1892
- Moody v. CraneIdaho Supreme Court · 1921
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Wormward v. TaylorIdaho Supreme Court · 1950
- West v. BrennerIdaho Supreme Court · 1964
- Boesiger v. DeModenaIdaho Supreme Court · 1965
- Marshall v. CovingtonIdaho Supreme Court · 1959
25 more not listed; retrieve them via the Exa API.