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GARDNER v. GARDNER

No. 14287.

691 P.2d 1275 (1984)

107 Idaho 660

Arene GARDNER, Plaintiff-Respondent, v. Vern GARDNER, Defendant-Appellant.

Court of Appeals of Idaho.

November 26, 1984.

Attorney(s) appearing for the Case

R.M. Whittier of Whittier & Souza, Pocatello, for defendant-appellant.

Gus Carr Anderson, Pocatello, for plaintiff-respondent.

SWANSTROM, Judge.

This divorce case, tried in the magistrate division, presents us with the narrow question of whether a loan, obtained upon a promissory note signed by both the husband and the wife but secured by the husband's separate property, is the husband's separate debt or is a community debt. The magistrate held that "[a]lthough the [loan] ... was secured by [the husband's] separate property, the evidence indicates that that debt was a community debt in that...

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