Stewart v. White
Idaho Supreme Court
APPEAL from tbe District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title. Judgment for defendant. “When tax sales are under 'consideration, a fundamental condition to their validity is that there should have been a substantial compliance with the law in all the proceedings of which the sale was the culmination.”
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APPEAL from tbe District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title. Judgment for defendant. “When tax sales are under 'consideration, a fundamental condition to their validity is that there should have been a substantial compliance with the law in all the proceedings of which the sale was the culmination.” (Cooley, Taxation, 3d ed„ 912.) “Proceedings on tax sales are in invitum, and to be valid must be stricti juris. The power exercised is purely statutory, and the steps directed by statute must be strictly pursued.”…
1Opinion of the CourtSullivan, C. J.
— This action was brought to quiet the title in the appellant to the W. % of the N. W. % and the *63E. y2 of the N. E. 14 of Sec. 27, Tp. 32 N., R. 2 West, B. M., in Nez Perce county.
• The answer denied appellant’s title to said land and claimed title in the defendant by virtue of certain tax deeds, and also by adverse possession, but asked for no affirmative relief. Subsequently there was filed an agreed stipulation of the facts in the case. The ease was argued to the court upon the stipulated facts and submitted for decision. The court thereafter made findings in support of the affirmative…
2Cases cited3 opinions
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- White Pine Manufacturing Co. v. MoreyIdaho Supreme Court · 1910
3Cited by12 opinions
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- Armstrong v. JarronIdaho Supreme Court · 1912
- McGowan v. ElderIdaho Supreme Court · 1910
- Monson v. BoydIdaho Supreme Court · 1959
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