Gumaer v. White Pine Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Judgment for the plaintiffs. From an order overruling a motion for a new trial, defendant appeals. The facts are stated in the opinion. The declaration or acts of a grantor, made or done after the delivery of his deed, are not admissible to disparage his deed, though admissible for the purpose of sustaining it. (Ord v. Ord, 99 Cal. 523, 34 Pac. 83; Bury v. Young, 98 Cal. 446, 35 Am.
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APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Judgment for the plaintiffs. From an order overruling a motion for a new trial, defendant appeals. The facts are stated in the opinion. The declaration or acts of a grantor, made or done after the delivery of his deed, are not admissible to disparage his deed, though admissible for the purpose of sustaining it. (Ord v. Ord, 99 Cal. 523, 34 Pac. 83; Bury v. Young, 98 Cal. 446, 35 Am. St. Rep. 186, 33 Pac. 338; Emmons v. Barton, 109 Cal. 670, 42 Pac. 303; Bigelow on Fraud, 171; Arnegaard, v. Arnegaard, 7 N.…
1Opinion of the CourtStockslager, C. J.
— This complaint alleges that the defendants — respondents—are husband and wife; that defendant — appellant—is a private corporation under authority of the state of Washington; that plaintiffs are the owners of certain lands in Kootenai county, which is community property, and that they are in possession of such lands. That the defendant, at divers and sundry times within the past twelve months, wrongfully, unlawfully and willfully, without any title or authority so to do, entered upon said lands above described, cut and removed therefrom and off of said lands quantities of valuable timber…
2Cases cited4 opinions
- Aulbach v. DahlerIdaho Supreme Court · 1896
- Kelly v. ClarkMontana Supreme Court · 1898
- McDonald v. Montana Wood Co.Montana Supreme Court · 1894
- Hawkins v. Pocatello Water Co.Idaho Supreme Court · 1894
3Cited by6 opinions
- Peck v. NixonIdaho Supreme Court · 1929
- Adamson v. MattsonIdaho Supreme Court · 1919
- Wright v. StewartIdaho Supreme Court · 1919
- McGinty v. BassArizona Supreme Court · 1932
- Eklund v. B. R. Lewis Lumber Co.Idaho Supreme Court · 1907
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