Moore v. Boise Land & Orchard Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Proceeding for restitution by judgment creditor against purchaser at execution sale. A party obtaining through a judgment before reversal any advantage or benefit must restore what he got to the other party, after the reversal. (Reynolds v. Hosmer, 45 Cal. 616, 628; Reynolds v. Harris, 14 Cal. 667, 681, 76 Am. Dec. 459; Cowdery v. London etc. Bank, 139 Cal. 298, 96 Am.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Proceeding for restitution by judgment creditor against purchaser at execution sale. A party obtaining through a judgment before reversal any advantage or benefit must restore what he got to the other party, after the reversal. (Reynolds v. Hosmer, 45 Cal. 616, 628; Reynolds v. Harris, 14 Cal. 667, 681, 76 Am. Dec. 459; Cowdery v. London etc. Bank, 139 Cal. 298, 96 Am. St. 115, 73 Pae. 196.) “Upon the reversal of a judgment, a sale to the plaintiff of the defendant’s property for the…
1Dissent
DUNN, J.,
Dissenting. — I am unable to agree with the conclusion reached by the majority of the court. On the *55trial of the main case the court decreed the sale of the northwest quarter of the southwest quarter of section 33, township 4 north, range one east of the Boise Meridian, and the application of the proceeds thereof, after the payment of the costs and expenses of sale, to the payment of certain liens as follows: First, the liens of Crawford Moore, trustee, the plaintiff in said aetion; second, the lien of B. E. Rayburn,- third, the lien of W. D. McReynolds; fourth, the lien of M. F'.…
2Cases cited2 opinions
- Yndart v. DenCalifornia Supreme Court · 1899
- Falk v. Ferd. Heim Brewing Co.Supreme Court of Kansas · 1903