Steffy v. Esler

Citations

• 6 Idaho 228
• 55 P. 239
• 1898 Ida. LEXIS 51

Syllabus

<p>Deed to Minino Property — Consideration—Cancellation or Deed. — Where g. executed and delivered to E. a deed of a one-fourth interest in certain mining property for the consideration of E. paying certain indebtedness contracted by E. and S. in working of such property as copartners, and also a certain note and mortgage executed by S. and the release of S. from any and all liability upon such indebtedness, and it was understood and agreed by^ and between said parties that said deed was not to become operative or to pass title until such payment had been made by E., held, that on the refusal of E. to make said payments or comply with said conditions, S. was entitled to have such deed canceled.</p> <p>Appeal — Statement on Motion for New Trial. — Under section 4818, Revised Statutes of Idaho, providing that any statement used on motibn for a new trial may be considered on an appeal from a final judgment, what purports to be a statement on motion for new trial cannot be considered, it not appearing that any motion for a newi trial wa.s made.</p> <p>(Syllabus by the court.)</p>