MATTER OF NEW CONCEPT REALTY & DEVELOPMENT, INC.

No. 15622.

692 P.2d 355 (1984)

107 Idaho 711

In the Matter of NEW CONCEPT REALTY & DEVELOPMENT, INC., Debtor. BENJAMIN FRANKLIN SAVINGS & LOAN ASSOCIATION, Plaintiff-Appellant, v. NEW CONCEPT REALTY & DEVELOPMENT, INC., and L.D. Fitzgerald, as, and only as, Trustee, Defendants-Respondents.

Supreme Court of Idaho.

December 3, 1984.


Attorney(s) appearing for the Case

James R. Gillespie, and Howard W. Carsman, of Eberle, Berlin, Kading, Turnbow & Gillespie, Chartered, Larry E. Prince, of Langroise, Sullivan & Smylie, Boise, for plaintiff-appellant, Benjamin Franklin Savings & Loan Association.

Jim D. Pappas, of Green, Service, Gasser & Kerl, Pocatello, for defendant-respondent, L.D. Fitzgerald.

John A. Ferebauer, Idaho Falls, for the defendants-respondents, New Concept.


DONALDSON, Chief Justice.

Benjamin Franklin Savings & Loan filed a complaint in bankruptcy court seeking to foreclose a deed of trust on debtor's real property. The deed of trust had been executed by debtor's predecessors in interest, in favor of Benjamin Franklin's predecessor in interest. It was recorded in the Bonneville County Recorder's Office on September 19, 1979, as Instrument No. 572664. The Trustee's answer alleged that the deed of trust was void because...

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