Shields v. Ruddy

Citations

• 3 Idaho 148
• 28 P. 405
• 3 Hasb. 148
• 1891 Ida. LEXIS 32

Syllabus

<p>Lease — Chattel Mortgage — Release—Record oe Mortgage Notice. On October 1, 1889, R. leased by written indenture of D. certain lands situated in Latah, county, Idaho, for the year 1890, at a rental of one-third of the crop grown. Term to commence October 1, 1889. The lease contained a provision reserving to lessor “the right to seed said ground, provided the said second party [lessee] fail to do the same in good season.” No provision of forfeiture or right of re-entry in lease. D. entered under lease and continued in possession, working and operating ranch to end of term. On the 28th of January, 1890, D. executed a chattel mortgage on said crop to S., which mortgage was duly recorded. On the 24th of March, 1890, D. executed to R. [lessor] a release of the lease. There was no change in the possession, management or operating of farm after the execution of release. Crop was divided as provided for in lease. Eeld, that the record of the chattel mortgage was notice to all acquiring an interest from D. in the crop subsequent to record thereof that R. took release subject to rights of S. under mortgage (following Pierce v. Lwngdon, decided at present term).</p> <p>Release a Fraud. — Under the evidence in this ease, held that the . release from D. to R. was made and intended as a fraud upon S. the holder of the chattel mortgage.</p> <p>Conspiracy to Defraud — Competency of Wife to Testify — Court to Instruct Jury. — In an action for conspiracy to defraud, against two defendants, under a statute which declares “a husband cannot be examined for or against his wife without her consent, nor the wife for or against her husband without his consent,” held, that the wife of one of the defendants might be examined as a witness on the part of the plaintiff, under instructions by the court to the jury, if asked; that her testimony was only to be considered as against the^other defendant than her husband.</p> <p>(Syllabus by the court.)</p>