Northwestern & Pacific Hypotheek Bank v. Rauch

Citations

• 5 Idaho 752
• 51 P. 764
• 1898 Ida. LEXIS 6

Syllabus

<p>Certifícate of Acknowledgment — Substantial Compliance With Statute Only Required. — A substantial and not a literal compliance with the statute in the certificate of acknowledgment to a conveyance of real estate by a married woman is all the law requires.</p> <p>Foreclosure of Mortgage — To Dismiss the Action upon Motion Held Error. — Plaintiff commenced suit to foreclose mortgage making the mortgagors, and two others, the latter being subsequent purchasers to the mortgage, parties. The last two parties were in default. The mortgagors answered, denying the execution and the acknowledgment of the mortgage and asking affirmative relier. The proofs being in plaintiff moved to dismiss the action as to the mortgagors, waiving any claim for a deficiency judgment which motion was granted by the-court. Held, that the action of the court was error.</p> <p>(Syllabus by the court.)</p>