ABRAMS v. PORTER

Nos. 21460, 21864.

920 P.2d 386 (1996)

128 Idaho 869

Larry ABRAMS, Plaintiff, v. James PORTER and Grace Porter, husband and wife; James H. Wilkins and Jane Doe Wilkins, husband and wife; First Security Bank of Helena; Martin DeBoer and Jane Doe DeBoer, husband and wife; Charles R. Elliott and Jane Doe Elliott, husband and wife; William O. Bernard and Mary Bernard, husband and wife; Harold A. Downs and Betty Downs, husband and wife; Carnell Properties, Inc., a Washington corporation; Victor and Jane Doe Carnell, husband and wife; International Medical Marketing, Inc.; Timberland Resources, Inc.; and Farmers and Merchants Bank of Rockford, Defendants. RILEY CREEK LUMBER COMPANY, Real Party in Interest-Appellant, v. William M. FANNING, Michael E. Schmitz and Karen Schmitz, as assignees of Defendant Carnell Properties, Real Parties in Interest-Respondents. RILEY CREEK LUMBER COMPANY, Plaintiff-Respondent, v. William M. FANNING, Michael E. Schmitz and Karen M. Schmitz, husband and wife, Bi-State Properties, Inc., Formerly Known as Carnell Properties, Inc., and Victor Carnell and Shirley Carnell, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, March 1996 Term.

Rehearing Denied August 13, 1996.


Attorney(s) appearing for the Case

Stamper, Sherman, Stocker & Smith, P.S., Spokane, Washington; Hawley, Troxell, Ennis & Hawley, Boise, for appellant. Merlyn W. Clark, argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Boise, for respondents. Mark S. Prusynski, argued.


JOHNSON, Justice.

This is a mortgage redemption case involving two appeals, one from the determination of the proper amount for redemption and one from a quiet title action. In the quiet title appeal, we conclude that the redemption was not valid because the assignment of redemption rights by a dissolved corporation was not effective. Because of this disposition of the quiet title appeal, the appeal concerning the determination of the proper redemption amount is moot...

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