Smith v. Kessler
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to quiet title. Judgment for defendant. There is no question as to our good faith, lack of actual knowledge, and that we purchased for a valuable consideration ; also our deed is first of record. The defendant has at no time shown a title of record, and there is no question that the judgment pleaded is not of record.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to quiet title. Judgment for defendant. There is no question as to our good faith, lack of actual knowledge, and that we purchased for a valuable consideration ; also our deed is first of record. The defendant has at no time shown a title of record, and there is no question that the judgment pleaded is not of record. (Fromm v. Madden, 13 Ida. 138, 88 Pac. 894.) Bights, claims or demands of the parties growing out of the the same subject matter, but which were not put in issue or…
1Opinion of the CourtStewart, C. J.
This is an action brought in the district court by the appellant against the respondent and others to quiet title to the northeast quarter of the southeast quarter of section 13, township 3 north, range 2 east of Boise meridian. Under the pleadings both parties claim to be the owner of said property. The cause was tried to the court, and findings of fact and conclusions of law were made and a decree entered in favor of the respondent. This appeal is from the judgment.
It appears from the record that Harry S. Kessler was the owner in fee in the year 1907 of the land described in the complaint;…
Also in this document: Concurrence.
2Cases cited3 opinions
- Stamp v. . FranklinNew York Court of Appeals · 1895
- Riverside Land & Irrigating Co. v. JensenCalifornia Supreme Court · 1895
- Schuler v. FordIdaho Supreme Court · 1905
3Cited by11 opinions
- Baker v. LeavittSupreme Court of Oklahoma · 1915
- Foster v. City of St. AnthonyIdaho Supreme Court · 1992
- Farrell v. BrownIdaho Court of Appeals · 1986
- Carver v. KetchumIdaho Supreme Court · 1933
- Renfro v. NixonIdaho Supreme Court · 1935
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