Legal Opinion

Miller v. Mitcham

Idaho Supreme Court

Decided May 1, 1912PublishedCited by 23 opinions

APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by plaintiff to quiet his title to certain real estate. Judgment for plaintiff and defendants appeal.

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APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by plaintiff to quiet his title to certain real estate. Judgment for plaintiff and defendants appeal. The probate courts of this state have exclusive jurisdiction of the settlement of estates of deceased persons (Abrams v. White, 11 Ida. 497, 83 Pac. 602; In re Doane’s Estate, 64 Wash. 303, 116 Pac. 847), and their orders and judgments in regard to those matters cannot be attacked collaterally. (Clark v. Bossier, 10 Ida. 348, 3 Ann. Cas. 231, 78 Pac. 358; O’Neil v.…

1Opinion of the CourtAilshie, J.

This is an action to quiet title. The respondent is a brother to the appellants and the George W. Miller who figures in this case, and to whom reference will hereafter be made, was the father of appellants and respondent. Some time about 1901, or subsequent thereto, respondent and George W. Miller located homestead and timber claims in the state of Washington, and finally acquired title thereto and subsequently sold their holdings for something like $4,900, but retained some livestock which they had accumulated. A portion of the money derived from the sale was subsequently invested by…

2Cases cited3 opinions

  1. Clark v. RossierIdaho Supreme Court · 1904
  2. In re Guardianship of ArvaIdaho Supreme Court · 1904
  3. Abrams v. WhiteIdaho Supreme Court · 1905

3Cited by23 opinions

  1. Simonton v. SimontonIdaho Supreme Court · 1920
  2. In Re the Estate of RandallIdaho Supreme Court · 1942
  3. Connolly v. Probate CourtIdaho Supreme Court · 1913
  4. Pincock v. Pocatello Gold & Copper Mining Co.Idaho Supreme Court · 1979
  5. Smith v. Smith (In Re Estate of Smith)Idaho Supreme Court · 2018

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