O'Neill v. Potvin
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title to certain lands. Judgment for the defendant. Plaintiff appealed. In the case of Edmond D. Potvin v, William Malanfant, tbe affidavit for publication of summons is fatally defective in failing to state where defendant’s residence was, and in showing no effort whatever to find the defendant at that time or to find where he had been.
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APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title to certain lands. Judgment for the defendant. Plaintiff appealed. In the case of Edmond D. Potvin v, William Malanfant, tbe affidavit for publication of summons is fatally defective in failing to state where defendant’s residence was, and in showing no effort whatever to find the defendant at that time or to find where he had been. It shows no diligence, states no facts, and gave the court no jurisdiction to make any order and the order itself was fatally…
1Opinion of the CourtSullivan, J.
This is an action to quiet title to about 157 acres of land, as per government survey, situated in Nez Perce county. Appellant in his complaint claims title, in fee, to said lands and alleges that respondent makes some claim thereto adverse to him, and that such claim is without any right whatever, and prays to have the title thereto quieted in himself. The respondent answered, denying the ownership of said lands in the plaintiff, and avers that respondent is the owner of such land, and for a further answer avers that he obtained title to said land under sale by execution issued in the case…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Hahn v. KellyCalifornia Supreme Court · 1868
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Galpin v. PageU.S. Circuit Court for the District of California · 1874
- Belcher v. ChambersCalifornia Supreme Court · 1879
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3Cited by27 opinions
- Cassady v. NorrisSupreme Court of Arkansas · 1915
- In re NidayIdaho Supreme Court · 1908
- Harpold v. DoyleIdaho Supreme Court · 1908
- Mundell v. SwedlundIdaho Supreme Court · 1937
- Ferrell-Michael Abstract & Title Co. v. McCormacCourt of Appeals of Texas · 1915
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