McGregor v. Jensen
Idaho Supreme Court
APPEAL from .the District Court of the Sixth Judicial District, for Custer County. Hon. Edward A. Walters, Presiding Judge. From a judgment setting aside an order for the confirmation of the sale of real estate and refusing to confirm the sale by the district court on an appeal from the probate court, the purchaser at the sale appeals.
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APPEAL from .the District Court of the Sixth Judicial District, for Custer County. Hon. Edward A. Walters, Presiding Judge. From a judgment setting aside an order for the confirmation of the sale of real estate and refusing to confirm the sale by the district court on an appeal from the probate court, the purchaser at the sale appeals. The district court had no right or authority under the law to accept a new bid for the sale of the property; all that it had jurisdiction to do was to reverse the judgment of the probate court and send back the case with instructions to order a new sale, for…
1Opinion of the CourtSullivan, C. J.
This is an appeal from a judgment of the district court reversing and setting aside an order of the probate court of Custer county, confirming the sale of cer*323tain mining claims to the appellant, James McGregor, for the sum of $1,675. One feature of this case was before this court at its January, 1909, term. (See In re Estate of Christensen, 15 Ida. 693, 99 Pac. 829.) That appeal was from the order of the district court dismissing the appeal from the probate court. The case was tried de novo in the district court upon the return of the remittitur from this court-The plaintiff introduced…
2Cases cited4 opinions
- Andrada v. KelseyCalifornia Supreme Court · 1902
- In re Pina's EstateCalifornia Supreme Court · 1902
- On RehearingIdaho Supreme Court · 1908
- In re the Estate of ChristensenIdaho Supreme Court · 1909
3Cited by7 opinions
- In Re McLure's EstateMontana Supreme Court · 1926
- Sampson v. ExonSouth Dakota Supreme Court · 1946
- Maury v. GowMontana Supreme Court · 1926
- Rime v. StreibigOregon Supreme Court · 1925
- Bowdry v. Stitzel-Weller DistillerySupreme Court of Oklahoma · 1948
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