(DOWNLOAD) "State Idaho v. Tony Leland Funk" by Supreme Court Of Idaho " Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Tony Leland Funk
- Author : Supreme Court Of Idaho
- Release Date : January 16, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The plaintiff, Lawrence W. McDonald, brought an action in the circuit court of McLean County against the defendants, Eugene H. McDonald, his brother, and Hanna I. McDonald, Mary E. Hogan and Sarah M. Hackett, his sisters, to set aside five deeds effecting a voluntary partition of a farm, principally upon the ground of fraud, and for partition of the land by the court. The Metropolitan Life Insurance Company, the owner of a mortgage on the farm, was also made a defendant. Eugene McDonald filed a counterclaim against plaintiff, his former partner in the operation of the farm, for an accounting of partnership profits. In addition, Hanna McDonald and Mary Hogan filed a joint counterclaim against plaintiff, alone, for an accounting of his share of the rent allegedly due them for the use of their interests in the land by the partnership prior to its dissolution. Sarah Hackett filed a similar counterclaim against plaintiff. Upon stipulation of the parties, the cause was referred to a special master in chancery for hearing on the single issue of whether the challenged deeds should be set aside. The master found that the deeds had been obtained in good faith and without fraud and recommended a decree accordingly. The chancellor Page 390 confirmed the report of the master, and entered a decree declaring the partition deeds valid and binding and retaining jurisdiction over all questions raised by the several counterclaims. Lawrence McDonald prosecutes a direct appeal to this court, a freehold being necessarily involved.
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