Legal Opinion

Investors' Mortgage Security Co. v. Hamilton

Idaho Supreme Court

Decided October 6, 1931No. 5707PublishedCited by 13 opinions

1Opinion of the CourtMcNAUGHTON, J.

—The issues have narrowed to a contest between the cross-complainant and the cross-defendants to determine whether a warranty deed with an option to purchase back four and one-half months later operated under the circumstances of this case as a transfer of the property described in satisfaction of the debt, or as additional security for the payment of the debt later.

The defendants were indebted to the cross-complainant on a promissory note in the sum of $855.30, with interest, secured by a real estate mortgage. To avoid immediate foreclosure after the note fell due and also to give the…

2Cases cited6 opinions

  1. Bradbury v. DavenportCalifornia Supreme Court · 1896
  2. Bergen v. JohnsonIdaho Supreme Court · 1912
  3. Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
  4. Shaner v. Rathdrum State BankIdaho Supreme Court · 1916
  5. Wright v. RosebaughIdaho Supreme Court · 1928

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
  2. Dickens v. HestonIdaho Supreme Court · 1933
  3. Hawe v. HaweIdaho Supreme Court · 1965
  4. Hagan v. ClydeIdaho Supreme Court · 1939
  5. Jaussaud v. SamuelsIdaho Supreme Court · 1937

8 more not listed; retrieve them via the Exa API.

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