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BARTON v. CANNON

No. 10582.

489 P.2d 1021 (1971)

94 Idaho 422

Jean BARTON, Executrix of the Estate of J.B. Penard, Plaintiff-Appellant, v. Francis R. CANNON, sometimes known as F.R. Cannon et al., Defendants. Elizabeth HART, Plaintiff in Intervention and Respondent, v. Jean BARTON, Executrix of the Estate of J.B. Penard, et al., Defendants in Intervention and Appellants.

Supreme Court of Idaho.

October 20, 1971.

Attorney(s) appearing for the Case

Robert F. McLaughlin, Mountain Home, for appellants.

Cosho, Humphrey & Southcombe, Boise, for respondent Elizabeth Hart.

SHEPARD, Justice.

All original parties to the matters at issue here are now deceased. Defendant F.R. Cannon, now deceased, executed mortgages covering the same piece of real property both to one J.B. Penard and one Mabel Nelson. The Penard mortgage was executed prior in time but recorded subsequent in time to the Nelson mortgage. In July of 1965, Cannon was in default on the Nelson mortgage and, for the purpose of avoiding foreclosure of the Nelson mortgage,

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