Mellen v. McMannis
Idaho Supreme Court
APPEAL from District Court of Elmore County. Action originally tried by Honorable C. 0. Stockslager, Judge. Order' overruling motion for a new trial made by Honorable Lyttleton Price, Judge. Action to compel conveyance of real estate. Judgment for plaintiff. The facts are stated in the opinion.
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APPEAL from District Court of Elmore County. Action originally tried by Honorable C. 0. Stockslager, Judge. Order' overruling motion for a new trial made by Honorable Lyttleton Price, Judge. Action to compel conveyance of real estate. Judgment for plaintiff. The facts are stated in the opinion. While the two main points raised are based on the evidence, there is in no sense a conflict of evidence, for as to those facts material to those two questions there is no conflict or even a, suggestion of a conflict. Besides, they are based on records- and documentary evidence to which the rule as to…
1Opinion of the Court
SULLIVAN, 0. J.
This is an action to compel the defendant to convey to the plaintiff, who is respondent here, certain premises situated in the village of Mountainhome, the title to which premises formerly was in one A. B. Clark. It appears that said Clark and his family, consisting of a wife and two children, had formerly resided on said premises, occupying it as their home; that while residing thereon said Clark filed a homestead declaration claiming said premises as a homestead under the laws'of this state; that more than a year prior to the commencement of this action said Clark had removed…
Also in this document: Concurrence.
2Cases cited1 opinion
- Jones v. WaddyCalifornia Supreme Court · 1885
3Cited by4 opinions
- Grice v. WoodworthIdaho Supreme Court · 1904
- Oylear v. OylearIdaho Supreme Court · 1922
- Clark v. ClarkIdaho Supreme Court · 1935
- In Re Eugene L. Barnes Anne Barnes, Debtors. Eugene L. Barnes Anne Barnes v. Appleway Equipment Leasing, Inc. Panhandle Trustee Services, Inc.Court of Appeals for the Ninth Circuit · 1992