Kester v. Schuldt
Idaho Supreme Court
APPEAL from District Court of Nez Perce County. Honorable E. C. Steele, Judge. Action to enjoin the sheriff of Nez Perce county from selling certain personal property. Judgment for plaintiff, from which defendants appeal. The facts are stated in the opinion.
Read the full summary
APPEAL from District Court of Nez Perce County. Honorable E. C. Steele, Judge. Action to enjoin the sheriff of Nez Perce county from selling certain personal property. Judgment for plaintiff, from which defendants appeal. The facts are stated in the opinion. Whatever title and rights respondent had under and by reason of said agreement he waived them all by permitting property to be mortgaged, and standing by and permitting said property to be sold under foreclosure proceedings and is now estopped to claim any title or interest under the same. (Pomeroy’s Equity Jurisprudence, 3d ed., sec.…
1Opinion of the CourtStockslager, C. J.
— This action involves the title and right of possession of certain property heretofore used on what is known as the “Salem Barr” mine. This mine is a placer property, and at the time the property in dispute was placed thereon was owned and operated by the Salmon River Mining and Development Company. It is alleged in the complaint that the Salmon River Mining and Development Company has no right, title or interest in or to said property, and that it was never owned by said Salmon River Mining and Development Company, and as a foundation for this allegation two promissory notes of $450 each,…
Also in this document: Concurrence.
2Cases cited4 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Phillips v. Salmon River Mining & Development Co.Idaho Supreme Court · 1903
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
- Mark Means Transfer Co. v. MackinzieIdaho Supreme Court · 1903
3Cited by7 opinions
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- Pease v. Teller Corp.Idaho Supreme Court · 1912
- Peasley v. NobleIdaho Supreme Court · 1910
- McMahon v. CooperIdaho Supreme Court · 1913
- State Bank v. Idaho-Oregon Light & Power Co.District Court, D. Idaho · 1914
2 more not listed; retrieve them via the Exa API.