Felland v. Vollmer Milling & Mercantile Co.

Citations

• 6 Idaho 120
• 53 P. 268
• 1898 Ida. LEXIS 33

Syllabus

<p>Chattel Mortgage — Deed to Real Estate — Foreclosure.—The V. M. & M. Oo., holding a chattel mortgage upon certain personal property of the firm of F. E. & Son, and also a mortgage upon real property of the- firm, both of which were given to secure indebtedness due and owing from said- F. E. & Son to said V. M. & M. Co., on default, fore-losed the chattel mortgage, F. E. & ¡Son giving a deed to Y. M. & M. Co. of the real estate, and thereupon the V. M. & M. Co. executed to said firm of F. E. & Son an agreement in writing conditioned that said V. M. & M. Co. would convey to said F. E. & Son, or either of them, the said personal property, consisting of a sawmill and belongings, and said real estate, if the said firm, or either of them, would pay to -said V. M. & M. Co. the amount due said company from said firm at any time within a period of eight months. Held, such agreement did not constitute the deed a mortgage.</p> <p>Fraud. — The evidence in this ease examined and held not to establish fraud.</p> <p>(Syllabus by 'the court.)</p>