(Download) "Arene Gardner v. Vern Gardner" by Court of Appeals of Idaho # Book PDF Kindle ePub Free
eBook details
- Title: Arene Gardner v. Vern Gardner
- Author : Court of Appeals of Idaho
- Release Date : January 26, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This divorce case, tried in the magistrate division, presents us with the narrow question of whether a loan, obtained upon a promissory note signed by both the husband and the wife but secured by the husbands separate property, is the husbands separate debt or is a community debt. The magistrate held that "[although] the [loan] . . . was secured by [the husbands] separate property, the evidence indicates that that debt was a community debt in that both parties signed the promissory note, agreed to borrow the money, and borrowed it for a general community purpose." The wife appealed and the district court reversed. The district Judge concluded that there was "insufficient evidence to justify the Conclusion that the . . . mortgage was a community obligation." The husband then appealed to us. We affirm the district courts order in part, vacate it in part and remand for further proceedings.