Printz v. Brown
Idaho Supreme Court
APPEAL from tbe District Court- of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. ■ Action to quiet title. Judgment in favor of plaintiff; defendant Brown appeals and plaintiff files cross-appeal. “All presumptions are in favor of the conveyance to the wife. The law will not allow idle presumptions to be indulged in as against a deed delivered and recorded.
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APPEAL from tbe District Court- of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. ■ Action to quiet title. Judgment in favor of plaintiff; defendant Brown appeals and plaintiff files cross-appeal. “All presumptions are in favor of the conveyance to the wife. The law will not allow idle presumptions to be indulged in as against a deed delivered and recorded. Facts must be proven from which it is clearly made to appear that the property in such case is community property, or the deed will be given effect according to its terms.” (Alferitz v. ArrivillOfga, 143 Cal. 646,…
1Opinion of the CourtRice, J.
On January 14, 1911, respondent Louisa M. Printz was the wife of Shallum P. White, who on that day executed and delivered a deed to her. for approximately two acres of land adjacent to the town of McCall. At the same time White and his wife executed a mortgage upon the same property for the sum of $175, whieh was a renewal of an existing mortgage upon the premises for the sum of $200, twenty-five dollars having been paid at the time. On January 4, 1912, Mrs. Printz, while still the wife of White, satisfied the mortgage. On January 9th, of the same year, she *445left her husband and has since…
2Cases cited16 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Hamilton National Bank v. HalstedNew York Court of Appeals · 1892
- United States Fidelity & Guaranty Co. v. LeeWashington Supreme Court · 1910
- Chaney v. Gauld Co.Idaho Supreme Court · 1915
- Hall v. JohnsIdaho Supreme Court · 1909
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3Cited by3 opinions
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