On Rehearing
Idaho Supreme Court
APPEAL from the District Court of Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Action to quiet title. Judgment in favor of plaintiff. The patentee, having made final proof, after due notice by publication as required by law> the question of the validity of his claim is res judicata so far as the railroad company is concerned. (Gilbert v. St. Joseph etc. B. B. Go., 1 Land Dee. 465; Atlantic etc. B. B. Co. v. Forrester, 1 Land Dee. 475; Atlantic etc.
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APPEAL from the District Court of Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Action to quiet title. Judgment in favor of plaintiff. The patentee, having made final proof, after due notice by publication as required by law> the question of the validity of his claim is res judicata so far as the railroad company is concerned. (Gilbert v. St. Joseph etc. B. B. Go., 1 Land Dee. 465; Atlantic etc. B. B. Co. v. Forrester, 1 Land Dee. 475; Atlantic etc. B. B. Go. v. Buchman, 3 Land Dee. 276; In re Matthew Sturm, 5 Land Dec. 295; Brady v. Southern Pac. B. Go., 5 Land Dee.…
1Opinion of the CourtSullivan, J.
This case was originally heard at the May term, 1907, of this court, and the opinion therein -was filed on May 15, 1907. That opinion appears ante, p. 365, 94 Pac. 56, and in it the facts as stipulated and shown by the record are set forth quite fully. A rehearing was granted and the case was again orally argued and further briefs presented by respective counsel at the November term of this court, The main question for decision is: Did Reed, the pre-emption claimant and patentee, under his pre-emption claim, take the legal subdivisions of the land included in his patent, subject to or…
2Cases cited15 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Holmes v. GoldsmithSupreme Court of the United States · 1893
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3Cited by7 opinions
- Great Northern Railway Co. v. SteinkeSupreme Court of the United States · 1923
- O'Connor v. Board of County CommissionersIdaho Supreme Court · 1909
- Wood v. Pillsbury Co. (In Re Wood)United States Bankruptcy Court, D. Idaho · 1983
- Bowman v. McGoldrick Lumber Co.Idaho Supreme Court · 1923
- Carns v. Idaho-Iowa Lateral & Reservoir Co.Idaho Supreme Court · 1921
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