Fulton v. Duro

Idaho Supreme Court

Fulton v. Duro

700 P.2d 14, 108 Idaho 392, 1985 Ida. LEXIS 458

CourtIdaho Supreme Court

DecidedApril 12, 1985

Docket15769

StatusPublished

Cited by9 cases

This text of 700 P.2d 14 (Fulton v. Duro) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fulton v. Duro, 700 P.2d 14, 108 Idaho 392, 1985 Ida. LEXIS 458 (Idaho 1985).

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Opinions

BAKES, Justice.

This Court granted a petition to review the decision of the Idaho Court of Appeals filed August 31, 1984. In its decision the Court of Appeals affirmed in part and reversed in part a judgment of the Fourth Judicial District Court. The Court of Appeals concluded “that a vendee’s interest in a contract is an interest in real property, within the meaning of I.C. § 10-1110, against which a recorded judgment does impose a lien if the contract has been duly recorded or where, as here, a ‘notice’ of the contract — containing the names of the contracting parties and the legal description of the property — has been recorded.” The Court of Appeals further held that “I.C. § 8-506 provides a mandatory procedure for levying on real property pursuant to a writ of execution as well as a writ of attachment.”

After the granting of the petition for review, the parties submitted additional briefing and this Court heard oral argument on the two issues set out above. After reviewing the record and the briefs and argument of the parties, we affirm the decision of the Court of Appeals for the reasons set out in their August 31, 1984, opinion, Fulton v. Duro, 107 Idaho 240, 687 P.2d 1367 (Ct.App.1984).

Affirmed. No costs allowed.

DONALDSON, C.J., and SHEPARD, BISTLINE and HUNTLEY, JJ., concur.

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BAKES, Justice.

This Court granted a petition to review the decision of the Idaho Court of Appeals filed August 31, 1984. In its decision the Court of Appeals affirmed in part and reversed in part a judgment of the Fourth Judicial District Court. The Court of Appeals concluded “that a vendee’s interest in a contract is an interest in real property, within the meaning of I.C. § 10-1110, against which a recorded judgment does impose a lien if the contract has been duly recorded or where, as here, a ‘notice’ of the contract — containing the names of the contracting parties and the legal description of the property — has been recorded.” The Court of Appeals further held that “I.C. § 8-506 provides a mandatory procedure for levying on real property pursuant to a writ of execution as well as a writ of attachment.”

After the granting of the petition for review, the parties submitted additional briefing and this Court heard oral argument on the two issues set out above. After reviewing the record and the briefs and argument of the parties, we affirm the decision of the Court of Appeals for the reasons set out in their August 31, 1984, opinion, Fulton v. Duro, 107 Idaho 240, 687 P.2d 1367 (Ct.App.1984).

Affirmed. No costs allowed.

DONALDSON, C.J., and SHEPARD, BISTLINE and HUNTLEY, JJ., concur.

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700 P.2d 14, 108 Idaho 392, 1985 Ida. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulton-v-duro-idaho-1985.

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