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FIRST SEC. BANK OF IDAHO, N.A. v. STAUFFER

No. 16127.

730 P.2d 1053 (1986)

112 Idaho 133

FIRST SECURITY BANK OF IDAHO, N.A., Plaintiff-Respondent, v. Richard W. STAUFFER and Colleen A. Stauffer, husband and wife; Warren E. Stauffer and Alta E. Stauffer, husband and wife, Defendants-Appellants, and The Federal Land Bank of Spokane; the United States of America Acting Through the Farmers Home Administration; United States Department of Agriculture, Defendants-Respondents.

Court of Appeals of Idaho.

December 29, 1986.

Attorney(s) appearing for the Case

Kenneth L. Perkes (argued) and G. Rich Andrus, Rexburg, for appellants.

Alan C. Stephens, Idaho Falls, for respondent First Security.

Ron Kerl, Pocatello, for respondent Federal Land Bank.

Daniel L. Hawkley, Boise, for respondent United States Department of Agriculture.

Alan C. Stephens argued on behalf of all respondents.

WALTERS, Chief Judge.

This case involves the foreclosure of a real property mortgage. The action reaches the appellate court in an unusual posture. A judgment was entered in favor of the plaintiff-mortgagee, allowing recovery on a claim and delivery action (Count I) and for foreclosure of a real property mortgage (Count II). The plaintiff then moved to amend the judgment. The plaintiff requested dismissal of Count II for foreclosure of the real property mortgage,...

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