Powell v. Powell
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action upon agreed case for the purpose of determining the title to certain real estate acquired under the United States desert land laws. Judgment and decree entered, holding that the land was subject to administration by the probate court.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action upon agreed case for the purpose of determining the title to certain real estate acquired under the United States desert land laws. Judgment and decree entered, holding that the land was subject to administration by the probate court. The patent having been issued to the heirs of Perry N. Powell, deceased, his heirs must take equally, and not according to the laws of descent of the state wherein the lands are situated. Since the United States has no general law of succession,…
1Opinion of the CourtAilshie, J.
This controversy was determined on an agreed case submitted to the judge of the lower court. In October, 1902, Perry N. Powell filed a desert entry on 320 acres of land in Canyon county, and after making one year’s improvements and one annual proof on the land, and on or about the 26th of October, 1904, he died intestate, leaving as his heirs at law Clara Powell, his wife, who is one of the plaintiffs in this action, and eight minor children. His wife was thereupon appointed administratrix of the estate and used sufficient of the money and property of the estate to reclaim'the land and meet…
2Cases cited8 opinions
- Hochstein v. BerghauserCalifornia Supreme Court · 1899
- Hutchinson Investment Co. v. CaldwellSupreme Court of the United States · 1894
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Cooper v. WilderCalifornia Supreme Court · 1896
- Wittenbrock v. WheadonCalifornia Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Washington County Irrigation District v. TalboyIdaho Supreme Court · 1935
- Michalsky v. Centennial Brewing Co.Montana Supreme Court · 1913
- Long v. JohnsonIdaho Supreme Court · 1954
- In Re Hornby's EstateIdaho Supreme Court · 1954
- In re EvansDistrict Court, D. Idaho · 1916
3 more not listed; retrieve them via the Exa API.