First National Bank v. Hays

Citations

• 7 Idaho 139
• 61 P. 287
• 1900 Ida. LEXIS 21

Syllabus

<p>Unlawful Detainer — Li n. — One who takes title by conveyance from a judgment debtor, takes it subject to the lien of the judgment, and especially is that so when the conveyance excepts from the covenants in the deed judgments of record.</p> <p>Judgment — Parties and Privies. — M., being the common source from whom appellants and respondents procured title to certain land, a sheriff’s deed was executed, the basis of which was a judgment against M., and which judgment was a lien on said land at the date of the conveyance to respondents. Held, that said respondents were bound by the recitals in said deed, and are privies to said judgment.</p> <p>Ejectment — Instructions.—The court charged the jury that this was an action in ejectment, and that the recitals in the sheriff’s deed did not bind respondents, the giving of said charges held to be prejudicial error.</p> <p>(Syllabus by the court.)</p>