Schuler v. Ford
Idaho Supreme Court
APPEAL from the District Court in and for Washington County. Honorable Geo. H. Stewart, Judge. Action adversing patent proceedings for title to mining property and to quiet title to an undivided interest claimed by plaintiff. Judgment for defendants, from which judgment and an order denying a new trial plaintiffs appeal. The facts are stated in the opinion.
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APPEAL from the District Court in and for Washington County. Honorable Geo. H. Stewart, Judge. Action adversing patent proceedings for title to mining property and to quiet title to an undivided interest claimed by plaintiff. Judgment for defendants, from which judgment and an order denying a new trial plaintiffs appeal. The facts are stated in the opinion. The defendant in this case, in order to recover, must do so upon the theory that he was a bona jide purchaser of this prop•erty without notice of the equities of these plaintiffs at the time he made the purchase; or else he must prove…
1Opinion of the CourtAilshie, J.
(After Making Foregoing Statement). — The only question necessary for our determination in this case is whether or not the defendant Ford was bound by the judgment of the Washington court of February 16, 1900, in case of Toklas et al. v. Wirtz et al. Before considering that question it should be observed that the contract under which Ford acquired his interest in the property was entered into prior to the commencement of the action in the Washington court, and his entry into possession of the property was also prior to that date. It is also a conceded fact in this case that the plaintiffs in…
2Cases cited8 opinions
- Freeman v. AldersonSupreme Court of the United States · 1886
- Dull v. BlackmanSupreme Court of the United States · 1898
- Hart v. MoultonWisconsin Supreme Court · 1899
- Seymour v. WallaceMichigan Supreme Court · 1899
- Shay v. McNamaraCalifornia Supreme Court · 1880
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3Cited by8 opinions
- Foster v. City of St. AnthonyIdaho Supreme Court · 1992
- Oregon Short Line Railroad v. QuigleyIdaho Supreme Court · 1905
- Green v. WahlSupreme Court of Oklahoma · 1925
- Shephard v. Coeur D'Alene Lumber Co.Idaho Supreme Court · 1909
- Smith v. KesslerIdaho Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.