Stewart v. Layton
Stewart v. Layton
Opinion of the Court
Appeal from a judgment dismissing a complaint based on an Idaho mortgage foreclosure judgment. Affirmed, costs to defendant.
There seems to be merit in plaintiff’s contention, but in giving full faith and credit to judgments of a sister state, we need give no more than that accorded by the sister state itself, and in this case the Supreme Court of Idaho, in construing Idaho’s foreclosure statutes,
It appears also, that irrespective of the fact that a deficiency judgment was not entered in the Idaho case, Sec. 6-108, Idaho Code Annotated, might preclude recognition of plaintiff’s judgment in our courts, since the section mentioned appears to require the court to determine the reasonable value of the mortgaged property before a deficiency judgment can be entered, and there is nothing before us to indicate that this was accomplished in the Idaho case.
. Sec. 6-101, Idaho Code Annotated, and parent statutes.
. Barnes v. Buffalo Pitts Co., 6 Idaho 519, 57 P. 267; Jeppesen v. Rexburg State Bank, 57 Idaho 94, 62 P.2d 1369; Perkins v. Bundy, 42 Idaho 560, 247 P. 751.
Reference
- Full Case Name
- Walter E. STEWART v. Clifton B. LAYTON
- Status
- Published