Bowers v. Cottrell
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action to quiet title. Judgment for plaintiff. Defendant appeals. It is against the policy of the law to enable either party, in controversies between themselves, to enforce an agreement in fraud of the law or which was made to injure another.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action to quiet title. Judgment for plaintiff. Defendant appeals. It is against the policy of the law to enable either party, in controversies between themselves, to enforce an agreement in fraud of the law or which was made to injure another. (.Randall v. Howard, 67 U. S. 590, 17 L. ed. 269; Story Eq., vol. 1, see. 298; Bolt v. Rogers, 3 Paige, 156; Wilson v. Watts, 9 Md. 356.) Whenever two or more persons are engaged in a fraudulent transaction to injure another, neither law nor equity…
1Opinion of the CourtStewart, J.
This is. an action to quiet title. The cause of action, as disclosed by the complaint, is, in substance, that the plaintiffs, on June 16, 1905, executed their certain deeds purporting to convey the property described in the complaint to the defendant, then May Belle Coghlan, her daughter; that such deeds were never delivered to May Belle Coghlan and never intended to pass title to said defendant, and were retained in the possession of this plaintiff until on or about September 4, 1906, when they were surreptitiously, secretly and without.the knowledge or consent of the plaintiffs, procured…
2Cases cited19 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Himmelman v. HenryCalifornia Supreme Court · 1890
- Kisling v. ShawCalifornia Supreme Court · 1867
- Fox v. HaarstickSupreme Court of the United States · 1895
- Barr v. SchroederCalifornia Supreme Court · 1867
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3Cited by25 opinions
- Crenshaw v. CrenshawIdaho Supreme Court · 1948
- Blankenship v. MyersIdaho Supreme Court · 1975
- Reynolds Irr. Dist. v. SproatIdaho Supreme Court · 1948
- Stewart v. StewartIdaho Supreme Court · 1919
- Barmore v. PerroneIdaho Supreme Court · 2008
20 more not listed; retrieve them via the Exa API.