Clear Lake Power & Improvement Co. v. Chriswell
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. James E. Bothwell Judge. Action to quiet title. Judgment for defendants. The determination of the land department as to the character of the land, except in cases of fraud, imposition or mistake, is conclusive, and cannot be reviewed by the courts. (32 Cyc. 1040 (12); Lee v. Johnson, 116 U. S. 48, 6 Sup.
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APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. James E. Bothwell Judge. Action to quiet title. Judgment for defendants. The determination of the land department as to the character of the land, except in cases of fraud, imposition or mistake, is conclusive, and cannot be reviewed by the courts. (32 Cyc. 1040 (12); Lee v. Johnson, 116 U. S. 48, 6 Sup. Ct. 249, 29 L. ed. 570; Quinby v. Conlan, 104 U. S. 420, 26 L. ed. 800; Marques v. Frisbie, 101 U. S. 473, 25 L. ed, 800; Pierson v. State Board of Land Commrs., 14 Ida. 15,9, 93 Pac. 775; White v.…
1Opinion of the Court
McCARTHY, District Judge.
Appellant brought this action to quiet title to certain lands as against any adverse claim of respondents. Respondents disclaim any interest in the lands described* in the complaint, except lot 2 of section 11. The title of appellants to this lot is based on a patent issued by the United States to the Northern Pacific Railway Co., pursuant to the provisions of the act of Congress of July 2, 1864, granting lands to said company, and subsequent acts, particularly that of July 1, 1898, by which last-named act the railway company was given the right to select lands ■in…
2Cases cited8 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
- Lee v. JohnsonSupreme Court of the United States · 1885
- Heath v. WallaceSupreme Court of the United States · 1891
- Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Cupples v. StanfieldIdaho Supreme Court · 1922
- Hurst v. Idaho Iowa Lateral & Reservoir Co.Idaho Supreme Court · 1926
- Wagoner v. JefferyIdaho Supreme Court · 1945
- Walker Bank & Trust Co. v. SteelyIdaho Supreme Court · 1934
13 more not listed; retrieve them via the Exa API.