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TANNER v. SHEARMIRE

No. 17442.

772 P.2d 267 (1989)

115 Idaho 1060

Collin J. TANNER and Norma L. Tanner, husband and wife, Plaintiffs-Respondents, v. Hugh H. SHEARMIRE and Patricia R. Shearmire, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

April 11, 1989.

Attorney(s) appearing for the Case

Jon N. Wyman, Wyman & Wyman, Boise, for defendants-appellants.

Bradley B. Poole, Boise, for plaintiffs-respondents.

WINMILL, Judge Pro Tem.

The focal issue presented in this appeal is whether the holders of a promissory note secured by a deed of trust, who sue for a money judgment on the note, are nevertheless subject to the statutory limitations applicable to a deficiency action following foreclosure. In a recent opinion, Frazier v. Neilsen & Company, 115 Idaho 739, 769 P.2d 1111 (1989), the Idaho...

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