Vermont Loan & Trust Co. v. McGregor
Idaho Supreme Court
APPEAL from District Court, Latah County. The court erred in granting the order for writ of assistance, for the reason that the amended complaint was never served on. the defendants, Henry McGregor and .7. B. West, through whom defendant, Thyrza C. McGregor, claims equity of redemption, and therefore the right'to hold possession.
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APPEAL from District Court, Latah County. The court erred in granting the order for writ of assistance, for the reason that the amended complaint was never served on. the defendants, Henry McGregor and .7. B. West, through whom defendant, Thyrza C. McGregor, claims equity of redemption, and therefore the right'to hold possession. Appellant’s husband, Henry McGregor, being the principal mortgagor, was ■a necessary party to the suit; and whenever the complaint was ■amended in matter of substance, a copy of such amended complaint should have been served upon him as required by statute, and…
1Opinion of the CourtSullivan, C. J.
This suit was brought to foreclose a mortgage on real estate, and prosecuted to judgment. The mortgaged premises were sold under a' decree of foreclosure, and bid in by the mortgagee. After the period of redemption had expired, a sheriff’s deed was duly executed, and thereafter possession of said premises was demanded, which the appellant, Thyrza C. McGregor, refused to grant. Thereupon the respondent applied for a writ of assistance, which application- was resisted by the appellant. After a hearing, the court granted the writ. This appeal is from that order.
The respondent moves to dismiss…
2Cases cited1 opinion
- Hutchinson v. AinsworthCalifornia Supreme Court · 1887
3Cited by3 opinions
- Depuy v. SelbySupreme Court of Oklahoma · 1919
- Vermont Loan & Trust Co. v. McGregorIdaho Supreme Court · 1897
- Rowe v. StevensIdaho Supreme Court · 1913