[Download] "Jean Barton v. Francis R. Cannon" by Supreme Court of Idaho No. 10582 ~ Book PDF Kindle ePub Free
eBook details
- Title: Jean Barton v. Francis R. Cannon
- Author : Supreme Court of Idaho No. 10582
- Release Date : January 20, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
All original parties to the matters at issue here are now deceased. Defendant F. R. Cannon, now deceased, executed mortgages
covering the same piece of real property both to one J. B. Penard and one Mabel Nelson. The Penard mortgage was executed prior
in time but recorded subsequent in time to the Nelson mortgage. In July of 1965, Cannon was in default on the Nelson mortgage
and, for the purpose of avoiding foreclosure of the Nelson mortgage, executed a warranty deed covering the property to Mrs.
Nelson. Their agreement provided that upon delivery of the deed the Nelson mortgage and note would be deemed satisfied and
cancelled. Cannon also represented verbally to Nelson that the property was free and clear of any encumbrances excepting only
the Nelson mortgage. This action for foreclosure was brought upon the Penard mortgage. Elizabeth Hart, successor in interest to the Nelson mortgage
and deed, filed a complaint in intervention. Hart then moved for summary judgment, contending that the warranty deed by Cannon
to Nelson should be set aside and the Nelson mortgage reinstated in its original priority. That motion was granted, the summary
judgment was entered in favor of the plaintiff in intervention, and this appeal follows.