Hughes v. Latour Creek Railroad
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to quiet title to certain lands. Judgment on the pleadings of plaintiffs.
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APPEAL from tbe District Court of tbe Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to quiet title to certain lands. Judgment on the pleadings of plaintiffs. A husband has the absolute power to dispose of the common property of himself and wife to the extent and in the manner as he had of his separate property until a legal separation has been effected by a court of competent jurisdiction, and a division made under the direction of the court. (Bay v. Bay, 1 Ida. 566.) A statute like ours of 1913 which required the wife to join in conveyance did not affect…
1Opinion of the CourtBudge, C. J.
This action was brought by respondents, husband and wife, to quiet title to certain lands in Kootenai county. The material facts alleged in the complaint are: That the land was occupied by respondents as their community homestead; that respondent, Wesley Hughes, without his wife’s consent and without her joining in the execution of the instrument, delivered to the Latour Creek Railroad Company a deed to the timber on the homestead, receiving as consideration therefor certificates of stock in said, company; that by an agreement of even date it was stipulated *477that this timber should be bonded…
2Cases cited6 opinions
- Hart v. ChurchCalifornia Supreme Court · 1899
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Freiermuth v. SteiglemanCalifornia Supreme Court · 1900
- Poole v. GerrardCalifornia Supreme Court · 1856
- McGhee v. WilsonSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McKinney v. MerrittIdaho Supreme Court · 1922
- Jenkins v. HuntsingerNew Mexico Supreme Court · 1942
- Fargo v. BennettIdaho Supreme Court · 1922
- Kansas City Life Insurance v. HarrounIdaho Supreme Court · 1927
- Knudsen v. LythmanIdaho Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.