Hole v. Van Duzer
Idaho Supreme Court
APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, .Judge. Judgment for the plaintiff. The facts are stated in the opinion. Respondent having recognized in his complaint the tax sale and tax deed, and alleging no defect in the same, nor in the proceedings on which they were based, is estopped from going back of the deed itself to attack these proceedings of the tax deed. The facts showing this validity should be pleaded.
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APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, .Judge. Judgment for the plaintiff. The facts are stated in the opinion. Respondent having recognized in his complaint the tax sale and tax deed, and alleging no defect in the same, nor in the proceedings on which they were based, is estopped from going back of the deed itself to attack these proceedings of the tax deed. The facts showing this validity should be pleaded. (21 Ency. of PI. & Pr. 487; 2 Estee’s Pleading, sec. 3738; 11 Am. & Eng. Ency. of Law, 2d ed., 391, 447; Glos v. King-man & Co., 207 111. 26, 69 N.…
1Opinion of the CourtStqckslagee, C. J.
— This is an appeal from the judgment of the district court of Kootenai county, made and entered on the ninth day of April, 1904. The action involved the title to all of section 9, township 51, north of range 4 west, Boise meridian in Kootenai county, state of Idaho. In his complaint the plaintiff claims to be the owner of the fee of said premises; that the defendants, and each of them, claim an estate or interest in or a lien upon said premises adverse to the title and claim of said plaintiff.
The third allegation is that the claims of said defendants, and each of them, in and to said…
2Cases cited1 opinion
- Warren v. StoddartIdaho Supreme Court · 1899
3Cited by7 opinions
- State v. MaguireIdaho Supreme Court · 1917
- Larson v. PeppardMontana Supreme Court · 1909
- Oatman v. HamptonIdaho Supreme Court · 1927
- Later v. HaywoodIdaho Supreme Court · 1908
- Evans v. PoppieIdaho Supreme Court · 1931
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