Blackfoot State Bank v. Crisler
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action for the foreclosure of a real estate mortgage. Judgment for defendant and plaintiff appeals. Where the verdict and findings are manifestly against the evidence, the judgment will be reversed, notwithstanding the trial court has refused to set aside the verdict.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action for the foreclosure of a real estate mortgage. Judgment for defendant and plaintiff appeals. Where the verdict and findings are manifestly against the evidence, the judgment will be reversed, notwithstanding the trial court has refused to set aside the verdict. (Works v. Kinney, 7 Ida. 460, 63 Pac. 596; 3 Cyc. 352, and cases cited.) The court in this action gave judgment against the plaintiff for the statutory penalty of $100 for its failure to release and satisfy this…
1Opinion of the CourtStewart, C. J.
This is an action to foreclose a mortgage given by the respondent to the appellant to secure the payment of a promissory note for the sum of $1,500, dated March 23, 1909. The answer and cross-complaint of the respondent admit the issue and delivery of the note and mortgage as alleged in the complaint, and set forth as a defense that the note had been paid, and that it was procured by fraud of the plaintiff and one Claude Ferguson and H. C. Dip pie, who had been partners in the drug business with the respondent at the time and prior to the giving of said note and mortgage. The trial court…
2Cases cited3 opinions
- Anderson v. Oregon Mortgage Co.Idaho Supreme Court · 1902
- Cleveland v. Western Loan & Savings Co.Idaho Supreme Court · 1901
- Gamble v. Canadian & American Mortgage & Trust Co.Idaho Supreme Court · 1898
3Cited by4 opinions
- Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930
- Cornelison v. United States Building & Loan Ass'nIdaho Supreme Court · 1930
- Hufton v. HuftonIdaho Supreme Court · 1913
- Pomeroy v. GordanIdaho Supreme Court · 1913