Christensen v. Hollingsworth
Idaho Supreme Court
APPEAL from District Court, Latah County. The court erred in sustaining plaintiff’s complaint as to the reformation of the mortgage sued upon or in admitting any evidence in reference thereto. The complaint must not only set. forth a mutual mistake, but must point out with clearness and precision all the attendant circumstances wherein the mistake-lies, the original agreement, and that the mistake was not through the negligence of plaintiff.
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APPEAL from District Court, Latah County. The court erred in sustaining plaintiff’s complaint as to the reformation of the mortgage sued upon or in admitting any evidence in reference thereto. The complaint must not only set. forth a mutual mistake, but must point out with clearness and precision all the attendant circumstances wherein the mistake-lies, the original agreement, and that the mistake was not through the negligence of plaintiff. (Lewis v. Lewis, 5 Or. 169,. 147; Stephens v. Murtón, 6 Or. 193; Barfield v. Price, 40 Cal. 635, and cases cited; Wright v. Shafter, 48 Cal. 275.)…
1Opinion of the CourtSullivan, C. J.
— This action was brought by the respondent, Christensen, to reform and foreclose a certain real estate mortgage given to secure certain promissory notes. The answer denies the execution of said mortgage, and, as another and separate defense, avers that the defendants (who are appellants here) are, and were at the date of the execution of said mortgage, husband and wife, and that they occupied the premises described in the complaint as a residence; that the same was •community property; and that the acknowledgment of the execution of said mortgage by the said Mary E. Hollingsworth was not…
2Cases cited14 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Ward v. FarwellIllinois Supreme Court · 1881
- Hutchinson v. AinsworthCalifornia Supreme Court · 1887
- Commercial Insurance v. ScammonIllinois Supreme Court · 1888
- Stevens v. Home Savings & Loan Ass'nIdaho Supreme Court · 1898
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3Cited by67 opinions
- State v. SivakIdaho Supreme Court · 1983
- Anderson v. WhippleIdaho Supreme Court · 1951
- Coghlan v. Beta Theta Pi FraternityIdaho Supreme Court · 1999
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
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