Mountain Home Lumber Co. v. Swartwout
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Chas. O. Stockslager, Judge. Action to quiet title. Judgment for defendants and cross-plaintiffs, Meserole and Smith.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Chas. O. Stockslager, Judge. Action to quiet title. Judgment for defendants and cross-plaintiffs, Meserole and Smith. “A person who acquires a legal title or an equitable title or interest in a given subject matter, even for a valuable consideration, but with notice that the subject matter is already affected by an equity or equitable claim in favor of another, takes it subject to that equity. (1 Pomeroy’s Eq. Jur., 3d ed.,. sec. 591, p. 964.) Although one claimant holds the legal title, yet if at the time…
1Opinion of the CourtBudge, C. J.
This is an action to quiet title, brought by appellant, Mountain Home Lumber Company, Limited, which shall hereafter be designated as the Lumber Company, against appellant, Swartwout and respondents, Alma Lorene Meserole, formerly Alma Lorene Smith, E. D. Meserole, and Clara Ludell Smith. A cross-complaint was filed by appellant, Swartwout, and a separate cross-complaint by respondents, Meserole and Smith, respectively, asking that the title be quieted in them. The trial court gave judgment, quieting title in respondents, Meserole and Smith. From this judgment the Lumber Company and Swartwout…
Also in this document: Concurrence.
2Cases cited6 opinions
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Bank of Atchison County v. ByersSupreme Court of Missouri · 1897
- Hempfling v. BurrMichigan Supreme Court · 1886
- Carothers & Searight v. AlexanderTexas Supreme Court · 1889
- Bank v. Bank.Supreme Court of North Carolina · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Reid v. KeatorIdaho Supreme Court · 1934
- Mountain Home Lumber Co. v. SwartwoutIdaho Supreme Court · 1921
- Johnson v. CasperIdaho Supreme Court · 1954
- Rexburg Lumber Co. v. PurringtonIdaho Supreme Court · 1941
- Quirk v. BedalIdaho Supreme Court · 1926
6 more not listed; retrieve them via the Exa API.