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FRAZIER v. NEILSEN & CO.

No. 16870.

769 P.2d 1111 (1989)

115 Idaho 739

Harold FRAZIER and Mary Lou Frazier, husband and wife, Plaintiffs-Respondents, v. NEILSEN & COMPANY, an Idaho partnership; Craig H. Neilsen; Mark Holmstead, as Trustee of the Anderson Able Trust; The Anderson Able Trust; Mark Holmstead as Trustee of the Anderson Baker Trust; The Anderson Baker Trust; Mark Holmstead as Trustee of the Anderson Charlie Trust; The Anderson Charlie Trust; Mark Holmstead as Trustee of the Anderson Cherokee Trust; The Anderson Cherokee Trust; Mark Holmstead as Trustee of the Anderson Geronimo Trust; The Anderson Geronimo Trust; Mark Holmstead as Trustee of the Anderson Mohawk Trust; The Anderson Mohawk Trust; Craig H. Neilsen as Trustee of the Ray Neilsen Testamentary Trust; and The Ray Neilsen Testamentary Trust, Defendants-Appellants.

Supreme Court of Idaho.

February 21, 1989.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett & Blanton, Boise, for defendants-appellants. Loren Ipsen argued, Boise.

Russell G. Kvanvig, Boise, for plaintiffs-respondents.

THE PREVIOUS OPINION ISSUED AUGUST 17, 1988, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

McQUADE, Justice, Pro Tem.

The issue presented in this case is whether the holders of a promissory note secured by a deed of trust encumbering Idaho real property may sue for a money judgment on the note without first exhausting their security by judicial foreclosure or by exercise of the power of sale. We hold that they may.

The facts may be...

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