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HORKLEY v. HORKLEY

No. 32885.

173 P.3d 1138 (2007)

Christa Ann HORKLEY, Plaintiff-Respondent, v. James H. HORKLEY, individually and Joseph H. Horkley and Dorothy M. Horkley, husband and wife; Zions First National Bank, Defendants-Appellants.

Supreme Court of Idaho, Idaho Falls, October 2007 Term.

December 5, 2007.

Attorney(s) appearing for the Case

Swafford Law Office, Charted, for appellant. Ronald L. Swafford argued.

Anderson, Nelson, Hall, Smith, P.A. for respondent. Brian T. Tucker argued.

W. JONES, Justice.

On July 12, 1995, James Horkley signed a $150,000.00 promissory note to his former wife Christa Horkley and secured that note with a deed of trust. The note required Mr. Horkley to make a $15,000.00 payment on December 1 of each year, with 0% interest for on-time payments and 10% interest per annum for late payments. On October 3, 2003, Ms. Horkley filed a complaint against Mr. Horkley, alleging breach...

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