JOHNSON v. U.S.

No. 20920.

901 P.2d 491 (1995)

127 Idaho 384

Scott Karterman, Plaintiff, v. Billye Rosenkrance and Linda Kimball, co-general personal representatives of the estate of Preston G. Price, deceased, Defendants, and Sally JOHNSON, Defendant-Respondent, and UNITED STATES of America acting through the Farmers Home Administration, United States Department of Agriculture, Defendants-Appellants. Sally JOHNSON, Defendant-Counterclaimant-Cross Claimant-Respondent, v. Scott KARTERMAN, Plaintiff-Counterdefendant, and Billye Rosenkrance and Linda Kimball, co-general personal representatives of the estate of Preston G. Price, deceased, Defendants, and UNITED STATES of America acting through the Farmers Home Administration, United States Department of Agriculture, Defendants-Cross Defendants-Cross Claimants. UNITED STATES of America, Defendant-Cross Defendant-Cross Claimant, v. The UNKNOWN HEIRS, DEVISEES, SUCCESSORS in INTEREST and CLAIMANTS to the ESTATE OF Preston G. PRICE, deceased; The Unknown Heirs, Devisees, Successors in Interest and Claimants to the Estate of Billye Rosenkrance; deceased, and Linda Kimball, Defendants-Cross Defendants, and Sally Johnson, Defendant-Cross Defendant-Respondent, and Preston Marcroft; Ronan, Inc., a Montana Corporation; Butte County Bank, nka First Security Bank of Idaho; and Dick Smith, Defendants, and William D. PRICE, Defendant-Respondent.

Supreme Court of Idaho, Idaho Falls, May 1995 Term.

August 17, 1995.


Attorney(s) appearing for the Case

Betty H. Richardson, U.S. Attorney, Boise, and Patricia A. Millet, Dept. of Justice (argued), Washington, DC, for appellant.

Harry C. De Haan, Twin Falls, for respondent Sally Johnson.

Robert M. Kerr, Jr., Blackfoot, for respondent William Price.


JOHNSON, Justice.

This is a mortgage foreclosure case in which the United States challenges the trial court's application of Idaho's statute of limitation in mortgage foreclosure actions, I.C. § 5-214A. We conclude that I.C. § 5-214A cannot be applied against the United States due to federal sovereign immunity.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

In October 1991, Scott Karterman sued to foreclose a mortgage recorded November...

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