Council Improvement Co. v. Draper
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for the County of Washington. Hon. Ed. L. Bryan, Judge. Action by plaintiff in ejectment and to quiet its title to certain real estate. Judgment for defendant and plaintiff moved to vacate and set aside the judgment. Motion granted and judgment vacated and set aside, and a new trial granted. No proceedings by an administrator can pass title to land which has not been proved up on.
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APPEAL from the District Court of the Seventh Judicial District, for the County of Washington. Hon. Ed. L. Bryan, Judge. Action by plaintiff in ejectment and to quiet its title to certain real estate. Judgment for defendant and plaintiff moved to vacate and set aside the judgment. Motion granted and judgment vacated and set aside, and a new trial granted. No proceedings by an administrator can pass title to land which has not been proved up on. (Sec. 2296, U. S. Rev. Stat.; Chapman v. Price, 32 Kan. 446, 4 Pae. 807; Baldwin v. Boyd, 18 Neb. 444, 25 N. W. 580; Jean v. Dee, 5 Wash. 580, 32 Pac.…
1Opinion of the CourtAilshie, J.
This action was commenced on March 19, 1907, by the respondent, Council Improvement Company. By the allegations and prayer of the complaint it was sought to both eject the appellant, John W. Draper, from the premises, and to quiet respondent’s title to the lands described in the complaint. The amended answer on which the case was finally tried was filed on June 22, 1907. The case came on for trial on June 25th, and on the same date, and prior to entering upon the trial, the parties filed a stipulation of facts and submitted the ease to the court for decision and judgment on the facts…
2Cases cited15 opinions
- Bernier v. BernierSupreme Court of the United States · 1893
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Holland Bank v. LieuallenIdaho Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Avondale on Hayden, Inc. v. HallIdaho Court of Appeals · 1983
- Curtis v. Siebrand Bros. Circus & Carnival Co.Idaho Supreme Court · 1948
- Hall v. WhittierIdaho Supreme Court · 1911
- Savage v. StokesIdaho Supreme Court · 1934
- Dellwo v. PetersenIdaho Supreme Court · 1921
19 more not listed; retrieve them via the Exa API.