(Download) "Russ Ballard & Family Achievement" by 11813 Supreme Court of Idaho Nos. 11703 " eBook PDF Kindle ePub Free
eBook details
- Title: Russ Ballard & Family Achievement
- Author : 11813 Supreme Court of Idaho Nos. 11703
- Release Date : January 19, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
These are consolidated appeals from a judgment entered on January 7, 1974, in an action instituted in August, 1971, by Russ Ballard, an individual, and Family Achievement Institute (FAI), a Utah corporation, to foreclose a mortgage on land owned by Lava Hot Springs Resort, Inc., an Idaho corporation.[Footnote 1] The appellant in No. 11703 is the United States of America, and the appellant in No. 11813 is Lava Hot Springs Resort, Inc. By its terms the mortgage secured an indebtedness of $25,000 at 8% interest, and the note was due December 1, 1970. The real property involved consists of 217 acres located in Bannock County, Idaho, which had been used primarily for ranching, and which Lava Hot Springs Resort, Inc., had intended to develop as a recreation and resort area. All other persons who owned or claimed an interest in this property were also named in the foreclosure action. Default judgments were taken against several of these named claimants, but those who appeared and asserted their claims were Fred N. Coats, George W. Shuler and Don H. Shuler, dba Shuler Bros., and the United States of America. A court trial was had on April 17 and 18, 1973, in Caribou County (venue was changed by stipulation of the parties), during which the deposition of Harold Irick, an alleged former owner of the property, and a founder and major shareholder in Lava Hot Springs Resort, Inc., was read into the record. Coats, Shuler Bros. and the United States asserted liens against the property which they claimed were prior to Ballard's mortgage on the basis of judgments[Footnote 2] which they had obtained against Harold and Norma Irick and recorded in Bannock County.
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