McCRAY v. TWITCHELL

No. 16532.

735 P.2d 1098 (1987)

112 Idaho 787

Virgil H. McCRAY and Esther C. McCray, husband and wife, Plaintiffs-Appellants, v. Angus D. TWITCHELL and Leona Twitchell, husband and wife, Defendants-Respondents.

Court of Appeals of Idaho.

April 10, 1987.


Attorney(s) appearing for the Case

Jay D. Sudweeks and Thomas Kershaw (argued) (May, May, Sudweeks, Shindurling, Stubbs & Mitchell), Twin Falls, for plaintiffs-appellants.

Robert C. Weaver (Weaver & Melanson), Buhl, for defendants-respondents.


WALTERS, Chief Judge.

Virgil and Esther McCray, sellers of a small parcel of land in Gooding County, brought this action to collect the balance due on a promissory note executed by Angus and Leona Twitchell, the buyers. Although the debt was secured by a deed of trust, the sellers did not attempt to foreclose it. They alleged that, because the deed of trust lacked an explicit maturity date, a foreclosure action would have been time-barred under I.C. § 5-214A...

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