Wits-Keets-Poo v. Rowton
Idaho Supreme Court
APPEAL from tbe District Court of tbe Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action for tbe cancellation of a deed and recovery of possession of real property. Judgment for defendants. Tbe burden is on the party who asserts abandonment or change of residence to prove tbe same. (Bradshaw v. Hurst, 57 Iowa, 745, 11 N. W. 672, and cases cited; 21 Cyc. 621; Balzer v. Pence (Iowa), 76 N. W. 731; Beecher v. Baldy, 7 Mich 488; Union Stock Yds.
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APPEAL from tbe District Court of tbe Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action for tbe cancellation of a deed and recovery of possession of real property. Judgment for defendants. Tbe burden is on the party who asserts abandonment or change of residence to prove tbe same. (Bradshaw v. Hurst, 57 Iowa, 745, 11 N. W. 672, and cases cited; 21 Cyc. 621; Balzer v. Pence (Iowa), 76 N. W. 731; Beecher v. Baldy, 7 Mich 488; Union Stock Yds. Bk. v. Smout, 62 Neb. 227, 87 N. W. 14; Edwards v. Reid, 39 Neb. 645, 42 Am. St. 607, 58 N. W. 202; Doman v. Fenton, 96 Neb.…
1Opinion of the CourtBudge, J.
This is an action for the cancellation of a deed, and for the recovery of the possession of certain real estate described in the complaint. This cause was tried before the court without a jury and resulted in a judgment in favor of defendants, from which plaintiffs appeal.
The plaintiffs allege in their complaint that they are Nez Perce Indian women; that the property in question was the community property of one William Wilson and his wife, Sally Arih Wilson, also an Indian woman, which real estate was occupied and used by them as a residence and homestead; that on November 12, 1907, William…
2Cases cited7 opinions
- Grice v. WoodworthIdaho Supreme Court · 1904
- Jackson v. SackettIllinois Supreme Court · 1893
- Wilson v. WilsonIdaho Supreme Court · 1899
- Law v. SpenceIdaho Supreme Court · 1897
- Wright v. WestheimerIdaho Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Childs v. ReedIdaho Supreme Court · 1921
- McKinney v. MerrittIdaho Supreme Court · 1922
- Jenkins v. HuntsingerNew Mexico Supreme Court · 1942
- Elliott v. CraigIdaho Supreme Court · 1927
- Metropolitan Life Insurance v. McClellandIdaho Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.