Legal Opinion

Jorgensen v. McAllister

Idaho Supreme Court

Decided July 22, 1921Published

APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to quiet title. Judgment for plaintiffs. The land in question was never before the Department of the Interior for decision as to character until the secretary rendered the judgment awarding it to the state.

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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to quiet title. Judgment for plaintiffs. The land in question was never before the Department of the Interior for decision as to character until the secretary rendered the judgment awarding it to the state. (U. S. Miuing Regulations, p. 66; Department U. S. Regulations for Surveyors-General, p. 73, sec. 135, Lindley on Mines, 3d ed., sec. 104; secs. 2914, 5369, 5413, 5423, 5425, and 5325, C. S.; 2 Pom. Eq. Jur., sees. 680-682 (b); Slauson v. Goodrich Transp. Co., 99 Wis. 20,…

1Opinion

ON REHEARING.

The sheriff’s deed to respondent Mary A'. Jorgensen is not prima facie evidence of title without the judgment-roll, and especially as against the proof of title to appellants by their abstract of title and the findings of fact. (Rule v. Richards (Tex. Civ. App.), 159 S. W. 386; Person v. Roberts, 159 N. C. 168, 74 S. E. 322; Kennedy v. Kennedy, 86 S. C. 483, 68 S. E. 664; Roussel v. New Orleans Land Co., 143 La. 1058, 79 So. 860; Springer v. Wasson, 23 N. M. 277, 167 Pac. 712.) An administrator’s deed is not prima facie evidence of title without the decree of court, especially as…

2Cases cited13 opinions

  1. Clark v. RossierIdaho Supreme Court · 1904
  2. Winter v. McMillanCalifornia Supreme Court · 1890
  3. Kimball v. SempleCalifornia Supreme Court · 1864
  4. Rule v. RichardsCourt of Appeals of Texas · 1913
  5. Tate v. RoseUtah Supreme Court · 1909

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