Wilson v. Locke
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to quiet title. Judgment for defendant. A statute which undertakes to make a tax deed conclusive evidence of a complete title, and to preclude the owner of the original title from showing the invalidity of such deed, is not a law merely regulating evidence; it is unconstitutional confiscation of property. (Cooley on Taxation, 2d ed., 298, 521; Cooley, Const.
Read the full summary
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to quiet title. Judgment for defendant. A statute which undertakes to make a tax deed conclusive evidence of a complete title, and to preclude the owner of the original title from showing the invalidity of such deed, is not a law merely regulating evidence; it is unconstitutional confiscation of property. (Cooley on Taxation, 2d ed., 298, 521; Cooley, Const. Dim., 4th ed., 459; Blackwell, Tax Titles, 4th ed., 83; Black, Tax Titles, sec. 253; 27 Am. & Eng. Ency. of Law, 979, and…
1Opinion of the CourtSullivan, C. J.
This is an action to quiet title to lots 8, 9, .10, 11 and 12 in block 5 of Ireland’s addition to Boise City. Said lots were sold by the clerk of the Independent School District under and by virtue of an alleged delinquency and failure to pay school taxes, and penalty, in the sum of $4.15. The complaint is in the usual form of complaints to quiet title, and prays that the defendant be required to set forth the nature of his claim and that plaintiff be decreed to be the owner of said lots. To this complaint the defendant answered, denying the ownership or the possession of the plaintiff or…
2Cases cited4 opinions
- Gardner v. EarlySupreme Court of Iowa · 1886
- Taylor v. DeveauxMichigan Supreme Court · 1894
- Dawson v. PeterMichigan Supreme Court · 1899
- Commercial Bank v. SandfordU.S. Circuit Court for the District of South Carolina · 1900
3Cited by4 opinions
- Packard v. O'NeilIdaho Supreme Court · 1927
- Armstrong v. JarronIdaho Supreme Court · 1912
- Telonis v. StaleyUtah Supreme Court · 1940
- Telonis v. StaleyUtah Supreme Court · 1943