Kelley v. Leachman

Citations

• 3 Idaho 392
• 29 P. 849
• 1892 Ida. LEXIS 23

Syllabus

<p>What Constitutes a Mortgage — Separate Agreement to Reconvey. — 1. A deed absolute on its face, and a separate agreement by the grantee for reconveyance of the same tract of land to grantor upon payment of consideration named in the deed, with interest, taxes, etc., by specified time, bearing same date as deed, constitute together a mortgage.</p> <p>Same — Ejectment.—2. In such, case ejectment will not lie by grantee to obtain possession of land from grantor.</p> <p>Remedy — Foreclosure.—3. The remedy is foreclosure under section 4520 of the Revised Laws of Idaho, et seq.</p> <p>(Syllabus by the court.)</p>