Legal Opinion

Northwestern & Pacific Hypotheek Bank v. Rauch

Idaho Supreme Court

Decided May 23, 1900PublishedCited by 16 opinions

APPEAL from District Court, Latah County. cite no authorities upon the points decided. All property acquired after marriage and during the marital relations by either spouse is community property except such as is acquired by gift, bequest, devise or descent, and the rents and profits of the separate property of the wife, when by the instrument by which any separate property is acquired by the wife it is provided that the rents and profits thereof be applied to her sole and…

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APPEAL from District Court, Latah County. cite no authorities upon the points decided. All property acquired after marriage and during the marital relations by either spouse is community property except such as is acquired by gift, bequest, devise or descent, and the rents and profits of the separate property of the wife, when by the instrument by which any separate property is acquired by the wife it is provided that the rents and profits thereof be applied to her sole and separate use. (Rev. Stats., secs. 2495-2497.) In the absence of evidence as to the law of another state, the presumption…

1Opinion of the CourtQuarles, J.

This action was brought by the respondent to foreclose a mortgage upon certain real estate. Judgment was rendered in favor of the respondent, from which the appellants appealed to this court; and upon said appeal said judgment was reversed by this court, principally upon the ground that the evidence shows that Margaret Rauch, wife of the mortgagor, A. Rauch, did not acknowledge such mortgage. (See N. W. etc. Bank v. Rauch, 5 Idaho, 752, 51 Pac. 764. Upon a retrial the district court found that the mortgaged property was at the time of the execution of the mortgage community property; and on…

2Cases cited1 opinion

  1. Northwestern & Pacific Hypotheek Bank v. RauchIdaho Supreme Court · 1898

3Cited by16 opinions

  1. Sheppard v. SheppardIdaho Supreme Court · 1982
  2. Stahl v. StahlIdaho Supreme Court · 1967
  3. Heintz v. BrownWashington Supreme Court · 1907
  4. Winn v. WinnIdaho Supreme Court · 1983
  5. Chaney v. Gauld Co.Idaho Supreme Court · 1915

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