Ruddy v. Rossi
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to perpetually enjoin the sale of land to satisfy judgment liens upon execution. Judgment for plaintiff. The right to a patent once vested is treated by the government, when dealing with the public domain, as equivalent to a patent issued. (Budd v. Gallier, 50 Or. 42, 89 Pac. 638; Starks v. Starrs, 6 Wall.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to perpetually enjoin the sale of land to satisfy judgment liens upon execution. Judgment for plaintiff. The right to a patent once vested is treated by the government, when dealing with the public domain, as equivalent to a patent issued. (Budd v. Gallier, 50 Or. 42, 89 Pac. 638; Starks v. Starrs, 6 Wall. (73 U. S.) 402, 18 L. ed. 925; Flanagcm v. Forsythe, 6 Okl. 225, 50 Pac. 152, 155.) And when the receiver’s final receipt or certificate is issued to the entryman under…
1DissentSullivan, C. J.
I am unable to concur in the conclusion reached by the majority of the court. The main question for determination in this ease is whether the laud acquired by a homesteader under the homestead laws of the United States is liable to Seizure and sale for the satisfaction of a debt contracted after final proof has been made by the homesteader and before patent issues.
The decision of this question depends upon the proper construction of the provisions of sec. 2296, Rev. Stats, of the United States, which is as follows:
*387“No lands acquired under the provisions of this chapter shall in any event…
2Cases cited5 opinions
- Flanagan v. ForsytheSupreme Court of Oklahoma · 1897
- Seymour v. SandersU.S. Circuit Court for the District of Minnesota · 1874
- Barnard v. BollerCalifornia Supreme Court · 1894
- In re CohnDistrict Court, D. North Dakota · 1909
- Grames v. Consolidated Timber Co.District Court, D. Oregon · 1914