Humbird Lumber Co. v. Doran
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Bobert N. Dunn, Judge. Action for damages for breach of the covenant of warranty. Answer and cross-complaint. Judgment for defendant. Plaintiff appealed. The property conveyed by the defendants is to be considered community property by virtue of the legal presumption arising from the fact that the land purported to be conveyed by them as husband and wife.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Bobert N. Dunn, Judge. Action for damages for breach of the covenant of warranty. Answer and cross-complaint. Judgment for defendant. Plaintiff appealed. The property conveyed by the defendants is to be considered community property by virtue of the legal presumption arising from the fact that the land purported to be conveyed by them as husband and wife. (Alverson v. Jones, 10 Cal. 12, 70 Am. Dee. 689; Tompkins’ Estate, 12 Cal. 114; Noe v. Card, 14 Cal. 576; Freese v. Hibernia Sav. & Loan Soc., 139 Cal.…
1Opinion of the CourtAilshie, C. J.
This action was instituted by the appellant against Joseph Doran and Sarah Jane Doran, his wife, to recover judgment against them for damages caused by the breach of warranty contained in a deed executed by the Dorans in favor of the appellant for a tract of land situated in Bonner county. The defendant, Joseph Doran, defaulted and judgment was entered against him according to the prayer of the complaint. The defendant, Sarah Jane Doran, answered, admitting the execution of the deed, but denying that she had any interest in the property conveyed, and alleging that it was the separate property…
2Cases cited18 opinions
- Freese v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1903
- Lake v. BenderNevada Supreme Court · 1884
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Cooke v. BremondTexas Supreme Court · 1864
- Jaeckel v. PeaseIdaho Supreme Court · 1898
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McDonald v. LambertNew Mexico Supreme Court · 1938
- Chaney v. Gauld Co.Idaho Supreme Court · 1915
- Maples v. HortonSupreme Court of North Carolina · 1954
- Aker v. AkerIdaho Supreme Court · 1933
- Rose v. RoseIdaho Supreme Court · 1960
9 more not listed; retrieve them via the Exa API.