On Rehearing
Idaho Supreme Court
APPEAL from the District Court of Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Action to quiet title. Judgment in favor of plaintiff. The patentee, having made final proof, after due notice by publication as required by law> the question of the validity of his claim is res judicata so far as the railroad company is concerned. (Gilbert v. St. Joseph etc. B. B. Go., 1 Land Dee. 465; Atlantic etc. B. B. Co. v. Forrester, 1 Land Dee. 475; Atlantic etc.
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APPEAL from the District Court of Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Action to quiet title. Judgment in favor of plaintiff. The patentee, having made final proof, after due notice by publication as required by law> the question of the validity of his claim is res judicata so far as the railroad company is concerned. (Gilbert v. St. Joseph etc. B. B. Go., 1 Land Dee. 465; Atlantic etc. B. B. Co. v. Forrester, 1 Land Dee. 475; Atlantic etc. B. B. Go. v. Buchman, 3 Land Dee. 276; In re Matthew Sturm, 5 Land Dec. 295; Brady v. Southern Pac. B. Go., 5 Land Dee.…
1Dissent
AILSHIE, C. J.,
Dissenting. — After a very careful examination of the majority opinion, and of all the cases cited *393by the respective parties, and all the authorities I can find upon the subject, I am satisfied that the conclusion reached by the court on the former hearing is correct and should stand as the judgment of this court. The former opinion, however, was written on the theory that the act of Congress provided for filing a profile map of station grounds and thereby prescribed a method whereby a railroad company could accept the grant and take a constructive possession of the grounds as…
2Cases cited17 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
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