Legal Opinion

Moore v. Boise Land & Orchard Co.

Idaho Supreme Court

Decided May 28, 1921PublishedCited by 3 opinions

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Proceeding for restitution by judgment creditor against purchaser at execution sale. A party obtaining through a judgment before reversal any advantage or benefit must restore what he got to the other party, after the reversal. (Reynolds v. Hosmer, 45 Cal. 616, 628; Reynolds v. Harris, 14 Cal. 667, 681, 76 Am. Dec. 459; Cowdery v. London etc. Bank, 139 Cal. 298, 96 Am.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Proceeding for restitution by judgment creditor against purchaser at execution sale. A party obtaining through a judgment before reversal any advantage or benefit must restore what he got to the other party, after the reversal. (Reynolds v. Hosmer, 45 Cal. 616, 628; Reynolds v. Harris, 14 Cal. 667, 681, 76 Am. Dec. 459; Cowdery v. London etc. Bank, 139 Cal. 298, 96 Am. St. 115, 73 Pae. 196.) “Upon the reversal of a judgment, a sale to the plaintiff of the defendant’s property for the…

1Opinion of the Court

RICE, C. J. —

This is the second appearance of this case in this court. The opinion upon the former hearing is reported in 31 Ida. 390, 173 Pac. 117, where the facts are stated. Pending the appeal, the property concerned in the litigation was sold at sheriff’s sale pursuant to the judgment. After the remittitur was filed, Dean presented his petition to the district court asking for restitution by Crawford Moore, purchaser at the execution sale, of the amount *53of the purchase price of said premises represented by the judgment of MeReynolds, which this court had adjudged not to be a lien upon the…

2Cases cited6 opinions

  1. Haebler v. . MyersNew York Court of Appeals · 1892
  2. Barnhart v. EdwardsCalifornia Supreme Court · 1900
  3. Yndart v. DenCalifornia Supreme Court · 1899
  4. Moore v. Boise Land & Orchard Co.Idaho Supreme Court · 1918
  5. Falk v. Ferd. Heim Brewing Co.Supreme Court of Kansas · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lucas v. First Nat. Bank of PawneeSupreme Court of Oklahoma · 1935
  2. Radermacher v. EckertIdaho Supreme Court · 1942
  3. Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1939

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