Martin v. Dowd
Idaho Supreme Court
APPEAL from the District Court, Nez Perees County. The instrument by which said conveyance was made was set out in full by the defendants in their answer, which showed said instrument to be a deed from the plaintiff to defendants for said property, absolute on its face, and as plaintiff failed to file the affidavit denying the execution of said instrument as provided for in section 4201, Revised Statutes of Idaho, he admitted the genuineness and due execution of the said…
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APPEAL from the District Court, Nez Perees County. The instrument by which said conveyance was made was set out in full by the defendants in their answer, which showed said instrument to be a deed from the plaintiff to defendants for said property, absolute on its face, and as plaintiff failed to file the affidavit denying the execution of said instrument as provided for in section 4201, Revised Statutes of Idaho, he admitted the genuineness and due execution of the said instrument he is precluded further from showing anything contrary to the facts contained in said instrument except that the…
1Opinion of the CourtStockslager, J.
— This is an appeal from a judgment of the district court of Nez Perces county; also from an order overruling a motion for a new trial. The complaint alleges that on the twentieth day of May, 1897, plaintiff, defendants, and one Gust Erickson located a certain mining claim in the name of D. W. Martin, Gust Erickson, Matt Dowd, and John Gaffney; that thereafter, to wit, in the month of October, 1900, plaintiff borrowed from defendant Matt Dowd $100, and agreed to, and did, convey one-fourth interest in said mining claim to said Matt Dowd and John Gaffney for the purpose of securing said loan…
2Cases cited1 opinion
- Cox v. North-Western Stage Co.Idaho Supreme Court · 1871
3Cited by5 opinions
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- Austin v. Brown Bros.Idaho Supreme Court · 1917
- Western Loan & Building Co. v. BandelIdaho Supreme Court · 1936
- Largilliere v. ZavalaIdaho Supreme Court · 1924
- Santa Paula Commercial Co. v. Parkhurst-Davis Mercantile Co.Supreme Court of Kansas · 1912