Barton v. Dunlap
Idaho Supreme Court
APPEAL from District Court, Latah County. The statutes of Idaho provide that no estate or interest in real estate except for leases for one year or less can be created, granted, assigned, surrendered or declared, except by an instrument in writing. (Idaho Stats., sec. 6007.) In this state by statute the equity rule prevails that part performance of an oral contract, for the sale of real estate, removes the bar.
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APPEAL from District Court, Latah County. The statutes of Idaho provide that no estate or interest in real estate except for leases for one year or less can be created, granted, assigned, surrendered or declared, except by an instrument in writing. (Idaho Stats., sec. 6007.) In this state by statute the equity rule prevails that part performance of an oral contract, for the sale of real estate, removes the bar. (Rev. Stats., sec. 6008.) It is universally held both in this; country and in England, that part payment of the purchase price, entry under the contract, and retention of possession…
1Opinion of the CourtStockslagee, J.
— This case is here on appeal from the district court of Latah county. The appeal is based upon an order overruling a motion for a new trial, and also from the judgment. The complaint alleges that since the fifth day of 'dune, 1897, plaintiff has been and now is the owner in fee and entitled to the possession of lot numbered 17, block 5, of the town of Juliaetta, said county and state, together with heredita/ments, etc., thereunto belonging; that defendant now is, and for a long time has been, asserting and claiming an estate or interest in said premises adverse to the plaintiff, the exact…
2Cases cited3 opinions
- Calanchini v. BranstetterCalifornia Supreme Court · 1890
- Bigelow v. ArmesSupreme Court of the United States · 1882
- Day v. CohnCalifornia Supreme Court · 1884
3Cited by13 opinions
- Hoffman v. SV Co., Inc.Idaho Supreme Court · 1981
- Boesiger v. FreerIdaho Supreme Court · 1963
- Bear Island Water Ass'n, Inc. v. BrownIdaho Supreme Court · 1994
- Anselmo v. BeardmoreIdaho Supreme Court · 1950
- Thomas v. StateCourt of Criminal Appeals of Oklahoma · 1940
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