Hays v. Wyatt
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Boise County. Hon. Fremont Wood, Judge. Action to quiet title to certain lands. Judgment for plaintiff. The land, under the homestead law, is virtually a gift or donation by the government to the family, and- when the title thereto is taken in the name of a single member of the family, it is contemplated by the act that it is for the benefit of all.
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APPEAL from the District Court of the Third Judicial District, for Boise County. Hon. Fremont Wood, Judge. Action to quiet title to certain lands. Judgment for plaintiff. The land, under the homestead law, is virtually a gift or donation by the government to the family, and- when the title thereto is taken in the name of a single member of the family, it is contemplated by the act that it is for the benefit of all. (Newkirk v. Marshall, 35 Kan. 77, 10 Pae. 571; Adams v. Church, 193 TJ. S. 510, 24 Snp. Ct. 512, 48 L. ed. 769; Moss v. Dowman, 176 U. S. 413, 20 Sup. Ct. 429, 44 L. ed. 528.) The…
1Opinion of the CourtSullivan, J.
This action was brought to quiet title to certain real estate situated in Boise county. The defendants, William W. and J. Lee Wyatt, and Verina E. Wyatt Stafford, are the children of Anneas Wyatt, deceased, the entryman of the land embraced in the controversy.
*548It is alleged in the complaint that Anneas Wyatt, deceased, settled upon said land in the year 1885 with the purpose and intent of claiming the said premises as a homestead under the laws of the United States; that he resided on said premises continuously from the year 1885 to the time of his death on December 26, 1899; that at the time…
2Cases cited7 opinions
- Bernier v. BernierSupreme Court of the United States · 1893
- McCune v. EssigSupreme Court of the United States · 1905
- Johnson v. Seattle Electric Co.Washington Supreme Court · 1905
- McCune v. EssigCourt of Appeals for the Ninth Circuit · 1903
- Appeal of DodgeSupreme Court of Pennsylvania · 1884
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3Cited by10 opinions
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- Schlake v. HealeyNebraska Supreme Court · 1922
- Theisen v. QualleySouth Dakota Supreme Court · 1919
- Daniels v. IshamIdaho Supreme Court · 1925
- Martie v. MartieSupreme Court of Oklahoma · 1954
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