ACKER v. MADER

No. 10636.

481 P.2d 605 (1971)

94 Idaho 94

W.H. ACKER and Jacquetta M. Acker, husband and wife, Plaintiffs-Appellants, v. Harold MADER and Evelyn Mader, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

February 23, 1971.


Attorney(s) appearing for the Case

Donart & Donart, Weiser, for appellant.

Gatchel & Batt, Payette, for appellee.


SHEPARD, Justice.

This action was instituted by the mortgagors of real property following a foreclosure asking for the return of the property for the period of redemption. General and punitive damages were sought on the basis of allegations sounding in the nature of malicious prosecution or abuse of process.

Plaintiffs-appellants mortgaged certain real property consisting of several acres of pasture land and a house thereon. Following non-payment the mortgage...

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