Hammond v. Alexander
Idaho Supreme Court
PETITION for writ of mandate. Alternative writ quashed. The mere fact of a combination at a public auction sale is not enough to vitiate the sale. Combination formed with a clean purpose will not vitiate a sale. (Kearney v. Taylor, 56 U. S. 495; Phippen v. Stickney, 3 Met. (Mass.) 384; Hopkins v. Ensign, 122 N. Y. 144, 25 N. E. 306, 9 L. R. A. 731; Hunt v. Elliott, 80 Ind. 245, 253, 41 Am. Rep. 794; Bailey v. Morgan, 44 N. C. 352; Martin v. Evans, 2 Rich. Eq.
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PETITION for writ of mandate. Alternative writ quashed. The mere fact of a combination at a public auction sale is not enough to vitiate the sale. Combination formed with a clean purpose will not vitiate a sale. (Kearney v. Taylor, 56 U. S. 495; Phippen v. Stickney, 3 Met. (Mass.) 384; Hopkins v. Ensign, 122 N. Y. 144, 25 N. E. 306, 9 L. R. A. 731; Hunt v. Elliott, 80 Ind. 245, 253, 41 Am. Rep. 794; Bailey v. Morgan, 44 N. C. 352; Martin v. Evans, 2 Rich. Eq. (S. C.) 368.) There is nothing, either in law or morals, to prevent parties- from uniting together in good faith to purchase property…
1Opinion of the CourtMorgan, J.
On July 10, 1918, the state land commissioner offered for sale, at Rexburg, certain state, common *793school, indemnity and lieu lands, situated in Madison county, tracts of which were bid upon by plaintiffs who were declared by the commissioner to be the purchasers thereof. Thereafter the state board of land commissioners declined to recognize the sales as valid, refused to issue certificates of purchase, and returned to plaintiffs the portion of the purchase price paid by them to the commissioner, which they refused to accept.
The purpose of this action is to procure the issuance of a writ of…
2Cases cited2 opinions
- Herndon v. GibsonSupreme Court of South Carolina · 1893
- Territory v. ToyotaHawaii Supreme Court · 1909
3Cited by4 opinions
- State Ex Rel. King v. LyonsNew Mexico Supreme Court · 2011
- Fasi v. Land Commissioners.Hawaii Supreme Court · 1956
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- State Ex Rel. King v. LyonsNew Mexico Supreme Court · 2011