UNITED STATES v. McCONKEY

430 F.2d 652 UNITED STATES of America, Appellant, v. J. L. McCONKEY, Administrator of the Estate of J. D. Caradine, also known as John D. Caradine, deceased, Pearl Caradine, J. D. Caradine, Jr., Charles Caradine, Ollie Caradine, Shirley Caradine, Deaster Davis, Pearly Caradine, and the unknown heirs and unknown devisees of J. D. Caradine, deceased, Appellees. No. 24352. United States Court of Appeals, Ninth Circuit. July 27, 1970. Cumer L. Green (argued), of Eberle & Berlin, Sherman Furey, U.S. Atty., Clarence D. Suiter, Asst. U.S. Atty., Boise, Idaho, for appellant. Robert F. McLaughlin (argued), Mountain Home, Idaho, for appellees. Before CARTER and TRASK, Circuit Judges, and BATTIN, * District judge. TRASK, Circuit Judge: 1 The United States brings this appeal from an adverse judgment in its action for foreclosure of a mortgage on real property located in Elmore County, Idaho, or, in the alternative, for the declaration of an equitable lien against the property. Federal jurisdiction is conferred under 28 U.S.C. 1345. 2 On November 10, 1964, J. D. Caradine executed and delivered a promissory note and mortgage as evidence of and security for a loan in the amount of $4300 made…