Pennypacker v. Latimer

Citations

• 81 P. 56
• 10 Idaho 625

Syllabus

<p>ON REHEARING.</p> <p>2. Under the facts of this case it is held that the plaintiff, appellant here, is estopped to deny the authority of the mortgagee, the Bunnell & Eno Investment Company, to collect the debt and release and discharge the security.</p> <p>3. Where one of two parties must lose, that loss should fall upon the one whose action or conduct has induced or made possible such loss.</p> <p>4. Necessity for recording assignment of mortgage in order to hold the purchaser of the mortgaged realty liable to the assignee after such purchaser has procured a release and satisfaction from the mortgagee, quaere.</p> <p>(Syllabus by the court.)</p>