Mootry v. Grayson
Court of Appeals for the Ninth Circuit
Appeal from tlie Circuit Court of the United States for the Central Division of the District of Idaho. The appellee brought suit in equity in the court below on June 2, 1897, to quiet the title to certain mining property commonly known as the “Gold Hill Mines,” situated in Boise county, Idaho.
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Appeal from tlie Circuit Court of the United States for the Central Division of the District of Idaho. The appellee brought suit in equity in the court below on June 2, 1897, to quiet the title to certain mining property commonly known as the “Gold Hill Mines,” situated in Boise county, Idaho. The appellant answered the bill of complaint, and filed a cross bill, praying (hat a decree in a partition suit entered in the district court of the Second judicial district in the state of Idaho, on the 10th (lay of November, L895, and the sale of the property pursuant to such decree to the grantor of…
1Opinion of the CourtMorrow, Circuit Judge
It is contended on behalf of the appellant that the circuit court erred in finding that the district court of the Third judicial district of Idaho had jurisdiction to make and enter the decree and order of sale of November 16, 1895. This contention is based upon the claim that the decree of the district court of May 5, 1890, was a final decree, and before it had been modified in any way the term of the court had expired. It does not appear necessary to determine whether *616this decree as a whole was final or interlocutory. It may have been final in determining the right of the plaintiff to have…
2Cases cited7 opinions
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- Malone & Foote v. MarriottSupreme Court of Alabama · 1879
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- Turner v. Indianapolis, B. & W. Ry. Co.U.S. Circuit Court for the District of Indiana · 1878
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3Cited by6 opinions
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- Fulton Inv. Co. v. DorsetCourt of Appeals for the Eighth Circuit · 1915
- Stepp v. McAdamsCourt of Appeals for the Ninth Circuit · 1938
- Frear v. RosenbledtHawaii Supreme Court · 1911
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