Demars v. Hickey
Wyoming Supreme Court
Error to the District Court, Uinta County, Hon. David H. Craig, Judge. The facts are stated in the opinion. The District Court and the judge thereof were without power or jurisdiction to make any order for the sale of the land in controvers)', or to confirm the sale and direct a deed to the purchaser. The orders of the court in the premises were, therefore, void and of no effect, and the administrator’s deed is a nullity and may, therefore, lie collaterally attacked.
Read the full summary
Error to the District Court, Uinta County, Hon. David H. Craig, Judge. The facts are stated in the opinion. The District Court and the judge thereof were without power or jurisdiction to make any order for the sale of the land in controvers)', or to confirm the sale and direct a deed to the purchaser. The orders of the court in the premises were, therefore, void and of no effect, and the administrator’s deed is a nullity and may, therefore, lie collaterally attacked. The decedent had no interest in the land that could pass to his estate. (Chapman v. Price, 32 Kan., 446 (4 Pac., 807.) No…
1Opinion of the Court
Potter, Chief Justice.
This suit was brought in the District Court sitting in the Count}'- of Uinta by Betty Hickey against Leon Demars to recover possession of a certain tract of land situated in that county, and for damages. The petition alleges that plaintiff has a legal estate in and is entitled to the immediate possession of the premises, tl^at defendant unlawfully keeps and has kept her out of possession, and that she has thereby been damaged in the sum of three hundred dollars. The answer is a general denial, which amounts to a denial of plaintiff’s title and an admission of defendant’s…
2Cases cited8 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Bernier v. BernierSupreme Court of the United States · 1893
- Anderson v. CecilCourt of Appeals of Maryland · 1897
- McCune v. EssigCourt of Appeals for the Ninth Circuit · 1903
- Bond v. WhiteSupreme Court of Kansas · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Texas West Oil & Gas Corp. v. First Interstate Bank of CasperWyoming Supreme Court · 1987
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Nicholson v. StateWyoming Supreme Court · 1910
- Walker v. EhresmanNebraska Supreme Court · 1907
- McIntosh v. AlgerWyoming Supreme Court · 1946
5 more not listed; retrieve them via the Exa API.