Winters v. Swift
Idaho Supreme Court
APPEAL from District Court, Alturas County. Tbe law declares this transaction a mortgage. If not a mortgage at law, tbe presumption is in equity, it will be so held. That if there be a doubt as to the nature of tbe transaction, and the relation of debtor and creditor existed at its inception, the doubt will be solved in favor of the debtor and the transaction held to be a mortgage.
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APPEAL from District Court, Alturas County. Tbe law declares this transaction a mortgage. If not a mortgage at law, tbe presumption is in equity, it will be so held. That if there be a doubt as to the nature of tbe transaction, and the relation of debtor and creditor existed at its inception, the doubt will be solved in favor of the debtor and the transaction held to be a mortgage. At law an absolute deed and separate defeasance or agreement to reconvey, executed at the same time, amount to a mortgage. (Colwell v. Woods, 3 Watts, 188; -Jaques v. Weeks, 7 Watts, 261; Huling v. Drexell, 7…
1Opinion of the CourtMorgan, C. J.
It appears from the evidence and the findings of the court in this cause that Wilhelm Jaikowski was the owner and in possession of two-thirds interest in the North Star mine and one-half interest in the American Eagle mine, both situated in Warm Spring district, Alturas county, Idaho; that one Riley was the owner of the one-third of the North Star mine and one-half of the American Eagle; that in working said mine Jaikowski, prior to the seventh day of September, 1881, had become indebted to Pinkham & Leonard in the sum of $2,082.98, for which he had given his note and mortgage on one-third of…
2Cases cited6 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Henley v. HotalingCalifornia Supreme Court · 1871
- Glover v. PaynNew York Supreme Court · 1838
- Farmer v. GroseCalifornia Supreme Court · 1871
- Rich v. DoaneSupreme Court of Vermont · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gassert v. BogkMontana Supreme Court · 1888
- Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Smith v. Sherwood & Roberts, Spokane, Inc.Idaho Supreme Court · 1968
- Fond v. McCreeryIdaho Supreme Court · 1934
14 more not listed; retrieve them via the Exa API.