Boise Title & Trust Co. v. Pfost
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to procure writ of mandate. Judgment for plaintiff. This deed is no part of the process of court involved in the original action, out of which grew respondent’s right to such deed.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to procure writ of mandate. Judgment for plaintiff. This deed is no part of the process of court involved in the original action, out of which grew respondent’s right to such deed. The last process of court was the execution issued by the clerk, and when such execution was levied by appellant, a sale had pursuant to such levy, proper return attached to such execution and the execution and return filed in court, the last function of court was fully performed. The making of…
1Opinion of the CourtMorgan, C. J.
Respondent, the purchaser of certain premises at mortgage foreclosure sale held pursuant to a decree of the district court, demanded a sheriff’s deed, which appellant, the sheriff, refused to execute and deliver unless there be paid to him the cost of revenue stamps to be affixed thereto in conformity, as he contended, with the requirements of sec. 800 and sec. 7, schedule A of the act of Congress of October 3, 1917, commonly called the War Revenue Act, 40 Stat. at L., 319 and 321.
The language of these sections, requiring that revenue stamps be affixed to certain documents, is broad enough to…
2Cases cited6 opinions
- Jones v. Estate of KeepWisconsin Supreme Court · 1865
- Fifield v. CloseMichigan Supreme Court · 1867
- Warren v. PaulIndiana Supreme Court · 1864
- Knox v. RossiNevada Supreme Court · 1899
- McNally v. FieldU.S. Circuit Court for the District of Rhode Island · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boise Title & Trust Co. v. EvansDistrict Court, D. Idaho · 1924