Keating v. Keating Mining Co.
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. "W. W. Woods, Judge, Action to recover title to certain mining claims. Judgment for defendants. “Laches cannot be imputed to one in the peaceable possession of land for delay in resorting to a court of equity to correct a mistake in the description of premises in a conveyance through which title must be deduced.
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APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. "W. W. Woods, Judge, Action to recover title to certain mining claims. Judgment for defendants. “Laches cannot be imputed to one in the peaceable possession of land for delay in resorting to a court of equity to correct a mistake in the description of premises in a conveyance through which title must be deduced. The possession is notice to all of the possessor’s equitable rights, and he needs to assert them only when he may have occasion to do so.” (Ruck-man v. Cory, 129 U. S. 387, 9 Sup. Ct. 316, 32 L.…
1Opinion of the CourtSullivan, C. J.
This action was brought to restrain the sheriff of Shoshone county and his successors in office from executing or delivering to the defendant Goodsell, or his assigns, a sheriff’s deed conveying the Golden Curry, the Savage, the Savage No. 2, the Grouse and the Minnie Moore lode mining claims situated in the Yreka mining district, Shoshone county; and to vacate and set aside a deed dated November 20, 1905, made by John Keating to J. Frank Watson, conveying to said Watson the aforesaid mining claims; also to set aside a deed dated August 15, 1906, executed by the said Watson and wife to the…
2Cases cited1 opinion
- Katz v. HerrickIdaho Supreme Court · 1906
3Cited by5 opinions
- Pennsylvania-Coeur D'Alene Mining Co. v. GallagherIdaho Supreme Court · 1910
- Burley Newspapers, Inc. v. Mist Publishing Co.Idaho Supreme Court · 1966
- Donaldson v. Thousand Springs Power Co.Idaho Supreme Court · 1916
- Dickens-West Mining Co. v. Crescent Mining & Milling Co.Idaho Supreme Court · 1914
- Donaldson v. Thousand Springs Power Co.Idaho Supreme Court · 1916