Moulton v. Williams

Citations

• 6 Idaho 424
• 55 P. 1019
• 1899 Ida. LEXIS 4

Syllabus

<p>Mortgage — Foreclosure.—A mortgage given to secure the payment of a note is a mere incident to the note, and its foreclosure is not bound so long as an action upon the note is not bound.</p> <p>Acknowledgment of Debt — Limitations.—An indorsement upon a note, secured by mortgage, acknowledging the debt evidenced by the note, signed by the maker, who is also the mortgagor does not create, extend or renew either the principal obligation or the mortgage, and is not void under section 3351 of the Revised Statutes, as such acknowledgment affects the remedy on the note and mortgage, and not the contract or obligation thereof.</p> <p>(Syllabus by the court.)</p>