Shaner v. Rathdrum State Bank
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eigbtb Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action to have a deed, absolute on its face, declared a mortgage. Judgment for the defendant. There was a pre-existing antecedent debt, evidenced by the promissory note and mortgage. The transaction therefore amounts to a mortgage, whatever language the parties may have used and whatever stipulation they may have inserted in the instrument. (3 Pomeroy’s Eq.
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APPEAL from tbe District Court of tbe Eigbtb Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action to have a deed, absolute on its face, declared a mortgage. Judgment for the defendant. There was a pre-existing antecedent debt, evidenced by the promissory note and mortgage. The transaction therefore amounts to a mortgage, whatever language the parties may have used and whatever stipulation they may have inserted in the instrument. (3 Pomeroy’s Eq. Jur., 3d ed., sec. 1195, and cases cited; Keithley v. Wood, 151 111. 566, 42 Am. St. 265, 38 N. E. 149; Hickox v. Lowe, 10 Cal.…
1Opinion of the CourtSullivan, C. J.
This action was brought to have a warranty deed, conveying certain real estate, executed by Joseph Shaner and wife to the Rathdrum State Bank, declared a mortgage, and a contract for the reconveyance of the land described in the deed by the bank to Shaner and wife declared void and of no force and effect.
Upon the issues made by the pleadings the cause was tried by the court without a jury and the court made findings and entered judgment in favor of the respondent bank, whereby it was held that said warranty deed was not a mortgage but a deed in fact, and that said contract to reconvey the…
2Cases cited5 opinions
- McNamara v. CulverSupreme Court of Kansas · 1879
- Bergen v. JohnsonIdaho Supreme Court · 1912
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Fabrique v. Cherokee & Pittsburg Coal & Mining Co.Supreme Court of Kansas · 1904
- Miller v. SmithNorth Dakota Supreme Court · 1910
3Cited by28 opinions
- Hogg v. WolskeIdaho Supreme Court · 2006
- Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
- Wright v. RosebaughIdaho Supreme Court · 1928
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Dickens v. HestonIdaho Supreme Court · 1933
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