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PALMER v. BRADFORD

No. 9308.

388 P.2d 96 (1963)

Claude W. PALMER and Norma E. Palmer, his wife, Plaintiffs-Respondents, v. Gertrude V. BRADFORD, a widow, individually and as the duly appointed, qualified and acting executrix of the last will and estate of Clarence W. Bradford, (sometimes known as C. W. Bradford) deceased, and as the sole survivor of the community formerly composed of Clarence W. Bradford and Gertrude V. Bradford, and as the sole legatee and devisee and under the last will and testament of Clarence W. Bradford, deceased, Helen Karnes, Shirley Roberts, Mary Lane Gurney, Boyd Bradford, Candace, Bradford and Frances Bradford, children and heirs at law of Clarence W. Bradford, deceased, Richard M. Schaefer, Jr., and Mildred Schaefer, husband and wife, individually, and as doing business under the firm name and style of Schaefer Lumber Company, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied January 22, 1964.

Attorney(s) appearing for the Case

Rapaich & Knutson, Lewiston, for appellants.

Cox, Ware, Stellmon & O'Connell, Lewiston, for respondents.

KNUDSON, Chief Justice.

Under date of March 12, 1959, defendants, Gertrude V. Bradford and her husband Clarence W. Bradford, executed a mortgage upon real estate owned by them (hereinafter referred to as the subject premises) to respondents, Claude W. Palmer and wife, as security for the payment of a promissory note dated March 1, 1959, in the principal sum of $6500.00, payable March 1, 1961. Clarence W. Bradford died March...

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