Cantwell v. McPherson
Idaho Supreme Court
APPEAL from District Court, Lemhi County. If title to land sold was in a stranger to the record, such land was not subject to execution and sale, and judgment may be-revived by motion under the statute. (Cross v. Zane, 47 Cal. 602.) In the absence of fraud, a decision of the land department is final and conclusive upon all questions of fact.' (Vance- ¶. Purbank, 101 TJ. S. 514; Bear v. Luse, 6 Saw. 149, Fed. Cas.
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APPEAL from District Court, Lemhi County. If title to land sold was in a stranger to the record, such land was not subject to execution and sale, and judgment may be-revived by motion under the statute. (Cross v. Zane, 47 Cal. 602.) In the absence of fraud, a decision of the land department is final and conclusive upon all questions of fact.' (Vance- ¶. Purbank, 101 TJ. S. 514; Bear v. Luse, 6 Saw. 149, Fed. Cas. No. 1179; Moore v. Bobbins, 96 U. S. 530; Shepley v. Cowan,. 91 U. S. 330.) The blank as to costs in the so-called “judgment” renders-the same void for uncertainty. (Black on…
1Opinion of the CourtHuston, J.
Plaintiff filed his petition to revive judgment and decree rendered against defendant, as administrator of the estate of William Wallace, and in favor of the plaintiff. Said: action was brought to foreclose a mortgage executed by said William Wallace to one John Hogan, and by him assigned to-plaintiff. Decree of foreclosure was rendered in said action, order of sale issued, and the encumbered property was sold thereunder, the plaintiff being purchaser at such sale. The-lands covered by the mortgage, and sold under the order of sale, were lands which had theretofore been entered by the said…
Also in this document: Concurrence.
2Cases cited5 opinions
- Chapin & Mastick v. BroderCalifornia Supreme Court · 1860
- Porter v. HopkinsCalifornia Supreme Court · 1883
- Cross v. ZaneCalifornia Supreme Court · 1874
- Ritter v. HenshawSupreme Court of Iowa · 1858
- O'Neil v. DonahueCalifornia Supreme Court · 1881
3Cited by9 opinions
- Evans v. City of American FallsIdaho Supreme Court · 1932
- Coombs v. CollinsIdaho Supreme Court · 1899
- Cantwell v. McPhersonIdaho Supreme Court · 1893
- Boller v. Sun Valley Shamrock Resources, Inc.Idaho Court of Appeals · 1990
- Gertztowt v. HumphreyIdaho Supreme Court · 1933
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