QUINTANA v. ANTHONY

No. 15629.

712 P.2d 678 (1985)

109 Idaho 977

Thomas M. QUINTANA; Thomas M. Quintana as personal representative for the Estate of Mitchell Quintana, Deceased; and Thomas Quintana and Mitchell Quintana DBA Quintana Sheep Company, Plaintiffs-Respondents, v. Robert ANTHONY, Defendant-Appellant.

Court of Appeals of Idaho.

December 12, 1985.


Attorney(s) appearing for the Case

William J. Tway and Anton Hohler, (argued), Boise, for defendant-appellant.

Stanley W. Welsh and Sara M. Thorpe (argued), Clemons, Cosho & Humphrey, P.A., Boise, for plaintiffs-respondents.


BURNETT, Judge.

This appeal arises from a sale of real estate. The principal issue is whether a vendor's lien must be foreclosed, as provided in a judgment, before the sellers employ other remedies against a defaulting purchaser. We are also asked to decide whether the judgment should be amended to direct that any sums collected from the purchaser be applied to an underlying mortgage on the property. The district court answered each question in the negative. For reasons...

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