Armstrong v. Henderson
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. J. M. Stevens, Judge. An action to quiet title. Judgment for plaintiff. Defendants appeal. This agreement was entered into prior to patent, — in fact prior to entry, — and it contemplated mutual advantage to the various possessory claimants by stipulating that conveyances should be executed after patent.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. J. M. Stevens, Judge. An action to quiet title. Judgment for plaintiff. Defendants appeal. This agreement was entered into prior to patent, — in fact prior to entry, — and it contemplated mutual advantage to the various possessory claimants by stipulating that conveyances should be executed after patent. Under the eonditions in this case, snch an agreement is not forbidden by or against the policy of the law. (Lamb v. Davenport, 85 U. S. 307, 21 L. ed. 759; McKennon v. Winn, 1 Okl. 327, 33 Pac. 582, 22 L.…
1Opinion of the CourtStewart, J.
The respondent, Dudley P. Armstrong, brought this action against appellants to quiet title to the following described lands:
“1. The south half of the southeast quarter of sec. 32, in township 9 south of range 36 east of the Boise meridian, in Bannock county, containing eighty acres;
“2. The northwest quarter of the southeast quarter, the east half of the southwest quarter and the southwest quarter of the southwest quarter of said sec. 32, in said township 9 south of range 36 east of Boise meridian, in Bannock county, containing 160 acres.”
The defendants set up as a defense, and as cause of…
2Cases cited15 opinions
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Allen v. KitchenIdaho Supreme Court · 1909
- Mellison v. AllenSupreme Court of Kansas · 1883
- Clark v. BayleyOregon Supreme Court · 1874
- Brake v. BallouSupreme Court of Kansas · 1877
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3Cited by9 opinions
- Billings v. Sisters of Mercy of IdahoIdaho Supreme Court · 1964
- Anderson v. WhippleIdaho Supreme Court · 1951
- Anselmo v. BeardmoreIdaho Supreme Court · 1950
- Dahlquist v. MattsonIdaho Supreme Court · 1925
- Casady v. ScottIdaho Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.