Clark v. Rossier
Idaho Supreme Court
APPEAL from District Court of Lemhi County. Honorable J. M. Stevens, Judge. Action collaterally attacking the sale of certain mining claims under an order of the probate court. Judgment for the defendants. The facts are stated in the opinion. Section 2 of article 5 of the constitution vests the judicial power in all matters of probate, settlement of estates of deceased persons, and appointment of guardians upon the probate courts, and it makes these courts courts of record.
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APPEAL from District Court of Lemhi County. Honorable J. M. Stevens, Judge. Action collaterally attacking the sale of certain mining claims under an order of the probate court. Judgment for the defendants. The facts are stated in the opinion. Section 2 of article 5 of the constitution vests the judicial power in all matters of probate, settlement of estates of deceased persons, and appointment of guardians upon the probate courts, and it makes these courts courts of record. It is to be here observed that the-constitution does not in any place confer any authority or jurisdiction upon the…
1Opinion of the Court
SULLIVAN, C. J. —
This action was brought to declare a trust and compel the conveyance of two mining claims situated in Lemhi county, and located and known as the Burlington and U. P. claims.
It is alleged in the complaint that David N. Clark was the original locator of said two mining claims, and that be died intestate on J anuary 25, 1900, leaving the plaintiffs as his heirs at law; that said Clark was a resident of Lemhi county, and that his heirs were all nonresidents of the state of Idaho; that on or about the twenty-ninth day of J anuary, 1900, the public administrator of said county was…
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