(DOWNLOAD) "William H. and Helen Evans v. Sawtooth" by Court of Appeals of Idaho No. 16110 # eBook PDF Kindle ePub Free
eBook details
- Title: William H. and Helen Evans v. Sawtooth
- Author : Court of Appeals of Idaho No. 16110
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This case presents a controversy over the valuation of real property. It focuses upon a highly desirable tract of undeveloped land in the Wood River Valley. The appeal is taken from a judgment denying recovery of any deficiency after a trustee's sale under a deed of trust. We are asked to review the district court's finding that the fair market value of the property was at least equal to the indebtedness secured by the deed of trust. Questions concerning costs and attorney fees are also presented. For reasons set forth below, we affirm the district court's judgment on the deficiency question, but we vacate its order on costs and attorney fees. The background facts are undisputed. In 1981 William and Helen Evans sold the subject property, containing about five acres, to Sawtooth Partners, a limited partnership. The purchase price was $325,000, $50,000 to be paid at closing and the remainder to be carried on a promissory note. The note provided that four instalments of $70,000 each, consisting of principal and interest, would be paid semiannually, followed by a final payment of $95,000. The note was secured by a deed of trust on the property.