56 P. 168 | Idaho | 1899
Lead Opinion
— This is an action of foreclosure. The instrument sought to be foreclosed, on its face is a warranty deed. The defense is that the deed was given in full payment and satisfaction of an indebtedness of $3,000, exclusive of interest. The trial was before the court with a jury. The jury found a special verdict, which the court disregarded, and made its own finding of facts, and entered judgment and decree for the plaintiff. The appeal is from the judgment.
The transcript in this case consists of the notice of appeal, judgment-roll, and a bill of exceptions or statement of the case,
Rehearing
ON REHEARING.
— A petition for rehearing has been filed on behalf of the appellants, which we have fully considered. The petition is a reargument of the cause in some of its phases, and presents no question of fact or of law not considered on the hearing, and nothing new in the way of authority. The appeal in this case is upon the judgment-roll, which does not contain the evidence, there being no bill of exceptions therein. But the record does show that both parties introduced evidence, and there is a stipulation in the record showing that the evidence upon the main point, whether the deed and agreement were intended by the parties as a mortgage or not, was conflict-
ing. The evidence not being before us, we are unable to determine whether the findings of the court are sustained by the