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ELLIOTT v. DARWIN NEIBAUR FARMS

Nos. 28232, 28233.

69 P.3d 1035 (2003)

138 Idaho 774

Edward G. ELLIOTT and Mary L. Elliott, husband and wife, Plaintiffs-Respondents, v. DARWIN NEIBAUR FARMS, an Idaho general partnership; Darwin Neibaur and June Neibaur, husband and wife, Defendants-Appellants, and Green Line Sales, Inc., an Idaho corporation; Hansen and L. Patricia Hansen, husband and wife; Darwin P. Neibaur, a single man, June G. Neibaur, a single woman; Darwin P. Neibaur; June G. Neibaur; Steve Neibaur, a.k.a. Burke Vearl Neibaur; Ira Neibaur, a.k.a. Ira Lynn Neibaur; Renea Hartley, a.k.a. Renea N. Hartley, Corinne Jones, a.k.a. Corinne N. Jones, Dana Lee Dorsey, a.k.a. Dana Lee N. Dorsey; June G. Neibaur, as Trustee for Burke Vearl Neibaur and Ira Lynn Neibaur d/b/a Darwin Neibaur Farms Partnership; Edward K. Heiner and Zina L. Heiner, husband and wife; Key Bank Of Idaho, a banking corporation; Valley Bank, a banking company; First Security Bank Of Idaho, N.A., a banking company, Defendants.

Supreme Court of Idaho, Boise, March 2003 Term.

Rehearing Denied May 29, 2003.

Attorney(s) appearing for the Case

Westburg, McCabe & Collins, Boise, for appellant Darwin Neibaur Farms. P. Larry Westberg argued.

Ling & Robinson, Rupert, for appellants Darwin and June Neibaur. Brent T. Robinson argued.

Charles J. Nicholas, Boise, argued for respondents.

WALTERS, Justice.

This case involves the foreclosure of a mortgage on real property. The district court entered judgment allowing Edward and Mary Elliott to foreclose a mortgage on property owned by Darwin Neibaur Farms, a partnership, over the objection by Neibaur Farms and Darwin and June Neibaur, individually, that the parties' contracts required the Elliotts to foreclose first on property owned by John and Patricia Hansen before foreclosing on the Neibaurs' property...

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