Harris v. McCrary
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fifth Judicial District, for Oneida County. Hon. Alfred Budge, Judge. Action to quiet title to certain real estate. Judgment for plaintiff. “A contract by which one person agrees to acquire title to ■a tract of public land through the homestead laws, and to convey the same to another, cannot be enforced by the prom-isee after the entry has been consummated.” (Moore v. Moore, 130 Cal. 110, 80 Am.
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APPEAL from tbe District Court of tbe Fifth Judicial District, for Oneida County. Hon. Alfred Budge, Judge. Action to quiet title to certain real estate. Judgment for plaintiff. “A contract by which one person agrees to acquire title to ■a tract of public land through the homestead laws, and to convey the same to another, cannot be enforced by the prom-isee after the entry has been consummated.” (Moore v. Moore, 130 Cal. 110, 80 Am. St. 78, 62 Pac. 294; Pacific livestock Co. v. Gentry, 38 Or. 275, 61 Pac. 422, 65 Pac. 597; Clark v. Barley, 5 Or. 343.) If the illegality of a contract sued on…
1Opinion of the CourtSullivan, C. J.
— This is an action to quiet title to eighty acres of land situated in Oneida county, brought by the ad*302ministrator of the estate of J. M. McCrary, deceased, against the heirs of William A. McCrary, deceased. The complaint alleges that said J. M. McCrary, deceased, was in the possession of a certain tract of land in said Oneida county, describing it by metes and bounds, from 1882 up to the time of his death in 1904, and that since his death the plaintiff administrator has been in the possession thereof; that the defendants claim and assert some interest therein adverse to the estate of said…
Also in this document: Concurrence.
2Cases cited6 opinions
- Doon v. SmithOregon Supreme Court · 1893
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Buchtel v. EvansOregon Supreme Court · 1891
- Pacific Livestock Co. v. GentryOregon Supreme Court · 1900
- Clark v. BayleyOregon Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McDonald v. LambertNew Mexico Supreme Court · 1938
- Howard v. Stanolind Oil & Gas Co.Supreme Court of Oklahoma · 1946
- Sabo v. HorvathAlaska Supreme Court · 1976
- Cleland v. McLaurinIdaho Supreme Court · 1925
- Phoenix Mutual Life Insurance v. BrainardMontana Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.