Kneen v. Halin

Citations

• 6 Idaho 621
• 59 P. 14
• 1899 Ida. LEXIS 44

Syllabus

<p>Püechase Price Mortgage — Signing by Wife — Community Property. Where H. made settlement upon the public domain subject to the pre-emption laws oí the United States, and made pre-emption filing for the same and resided thereon, with his wife, and thereafter, while so residing thereon with his said wife, he borrowed money of K. with which to pay tne government price for said land, and executed a mortgage to secure the payment of the same to K., and thereafter, on the shme day, made his final proof for said land and paid the government price therefor from the money so borrowed, said mortgage is a purchase price mortgage, and is a valid lien on said land, whether signed by the wife or not, and is prior to any right she may have to said land, as community property, by reason of having resided thereon at the date of the execution of said mortgage. The term “price of real property,” as used in section 3336 of the Revised Statutes, is the money paid for real property or the debt created by the purchase thereof.</p> <p>(Syllabus by the court.)</p>