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[DOWNLOAD] "Consolidated Supply Company v. Loyale" by Supreme Court Of Idaho # eBook PDF Kindle ePub Free

Consolidated Supply Company v. Loyale

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eBook details

  • Title: Consolidated Supply Company v. Loyale
  • Author : Supreme Court Of Idaho
  • Release Date : January 16, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

This case involves the foreclosure of a real property mortgage. The action reaches the appellate court in an unusual posture. A judgment was entered in favor of the plaintiff-mortgagee, allowing recovery on a claim and delivery action (Count I) and for foreclosure of a real property mortgage (Count II). The plaintiff then moved to amend the judgment. The plaintiff requested dismissal of Count II for foreclosure of the real property mortgage, deleting recovery on that claim from the judgment. The amendment was allowed without a hearing. The defendants-mortgagors moved to set aside the amended judgment. Their motion was denied and they appealed. The defendants want the original judgment against them, on both of the plaintiffs claims, reinstated. Moreover, the defendants real property has been sold on foreclosure of a separate, superior mortgage. Neither the defendants nor the plaintiff in this action redeemed the property following that sale.


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