Newland v. Edgar

362 F.2d 911 John N. NEWLAND, Trustee in Bankruptcy for Hughes Homes, Inc., a Montana Corporation and Hughes Homes Acceptance Corporation, an Idaho Corporation, Appellant, v. Wincel T. EDGAR and Helen E. Edgar, husband and wife, Appellees. No. 20480. United States Court of Appeals Ninth Circuit. June 8, 1966, Rehearing Denied Aug. 30, 1966. Maurice F. Hennessey, Butte, Mont., Arnold T. Beebe, Blackfoot, Idaho, for appellant. Stephen Bistline, Sandpoint, Idaho, for appellees. Before BARNES, KOELSCH and DUNIWAY, Circuit Judges. KOELSCH, Circuit Judge. 1 This is an appeal from a judgment of the district court for the plaintiffs, Wincel T. and Helen E. Edgar, husband and wife, declaring their note and mortgage on real property in Idaho extinguished and satisfied and awarding them a usury penalty as provided under the laws of that State. We conclude, however, that the district court lacked jurisdiction of the subject matter. 2 Plaintiffs were and are residents and citizens of Idaho. They commenced this suit against Hughes Homes, Inc., a Montana corporation, in the Idaho state court. By their complaint they sought a penalty of $4,004.55 and satisfaction of the remaining amount of…