Whitcomb v. White
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. This was an action brought- by John E. White and Roberta B. White,- his wife, in the District Court of the First Judicial District of the State of Idaho, in and for the county of Kootenai, to recover the possession of the “northwest quarter of the southwest quarter and lots five (5), six (6) and seven (7), of section two (2), township fifty-five (55) north of range two (2), east Boise meridian.”
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ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. This was an action brought- by John E. White and Roberta B. White,- his wife, in the District Court of the First Judicial District of the State of Idaho, in and for the county of Kootenai, to recover the possession of the “northwest quarter of the southwest quarter and lots five (5), six (6) and seven (7), of section two (2), township fifty-five (55) north of range two (2), east Boise meridian.” The defendants’ answer was in the nature of a cross bill in equity, admitting that the legal title to the premises was in the plaintiffs, and seeking…
1Opinion of the CourtJustice Brewer
The decision of the Land Departmentwas not rested solely upon the fact that White’s formal .application was filed a few hours before that of. the trustee for the occupants of the town-site, .but rather chiefly upon the. priority of the former’s equitable rights, So far as such decision involves questions of fact it is conclusive upon the courts. Johnson v. Towsley, 13 Wall, 72, 86; Shepley v. Cowan, 91 U. S. 330, 340; Marquez v. Frisbie, 101 U. S. 473, 476; Quinby v. Conlan, 104 U. S. 420, 425, 426 Burfenning v. C., St. P., M. & O. Ry., 163 U. S. 321, 323; De Cambra v. Rogers, 189 U. S. 119,…
2Cases cited5 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Quinby v. ConlanSupreme Court of the United States · 1882
- Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
- De Cambra v. RogersSupreme Court of the United States · 1903
3Cited by13 opinions
- Stilz v. United StatesSupreme Court of the United States · 1925
- Balderston v. BradyIdaho Supreme Court · 1910
- Moffat Tunnel Improvement Dist. v. Denver & S. L. Ry. Co.Court of Appeals for the Tenth Circuit · 1930
- United States v. Standard Oil Co. of CaliforniaDistrict Court, S.D. California · 1937
- Reid v. KeatorIdaho Supreme Court · 1934
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