Investors' Mortgage Security Co. v. Hamilton
Idaho Supreme Court
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
- Bradbury v. DavenportCalifornia Supreme Court · 1896
- Bergen v. JohnsonIdaho Supreme Court · 1912
- Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
- Shaner v. Rathdrum State BankIdaho Supreme Court · 1916
- Wright v. RosebaughIdaho Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Dickens v. HestonIdaho Supreme Court · 1933
- Hawe v. HaweIdaho Supreme Court · 1965
- Hagan v. ClydeIdaho Supreme Court · 1939
- Jaussaud v. SamuelsIdaho Supreme Court · 1937
8 more not listed; retrieve them via the Exa API.