Council Improvement Co. v. Pacific & Idaho Northern Land & Improvement Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Adams County. Hon. Ed. L. Bryan, Judge. Action for damages for breach of warranty. Judgment for plaintiff. In this case there was no proof offered of notice to the defendant of any action against or ouster of the plaintiff from the possession of the described premises alleged to have been purchased from the defendant by F. E. Brown, trustee.
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APPEAL from the District Court of the Seventh Judicial District for Adams County. Hon. Ed. L. Bryan, Judge. Action for damages for breach of warranty. Judgment for plaintiff. In this case there was no proof offered of notice to the defendant of any action against or ouster of the plaintiff from the possession of the described premises alleged to have been purchased from the defendant by F. E. Brown, trustee. Therefore defendant was given no opportunity to appear and defend the title to said premises in said action, and was not bound by the judgment of ouster. {Webb v. Alexander, 7 Wend. 281;…
1Opinion of the CourtMorgan, J.
This action grew out of the sale and conveyance, by warranty deed, of certain land by appellant to one Prank E. Brown, trustee, who thereafter conveyed it to respondent. The land in question is that which formed the subject of the action of Council Improvement Co. v. Draper, 16 Ida. 541, 102 Pac. 7, where a statement of many of the facts material to this ease is to be found. The additional facts necessary to an understanding of the question of law *115hereinafter discussed are that appellant was not notified of the pendency of the action above mentioned, nor was demand made upon it to defend the…
2Cases cited11 opinions
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Clements v. CollinsSupreme Court of Georgia · 1877
- Dalton v. BowkerNevada Supreme Court · 1873
- Rhode v. GreenIndiana Supreme Court · 1866
- Osburn v. PritchardSupreme Court of Georgia · 1898
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3Cited by2 opinions
- Elliott v. ThompsonIdaho Supreme Court · 1941
- Bliss Townsite Co. v. Morris-Roberts Co.Idaho Supreme Court · 1920