Chaney v. Gauld Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, in and for Canyon County. Hon. Ed. L. Bryan, Judge. Action to enjoin the defendants from having sold at sheriff’s sale certain lands claimed by the appellant. Judgment for plaintiff. The written documents or papers were the best evidence. (Keane v. Pittsburg L. Min. Co., 17 Ida. 179, 105 Pac. 60.) “All evidence which shows upon its face that better remains behind is secondary.”
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, in and for Canyon County. Hon. Ed. L. Bryan, Judge. Action to enjoin the defendants from having sold at sheriff’s sale certain lands claimed by the appellant. Judgment for plaintiff. The written documents or papers were the best evidence. (Keane v. Pittsburg L. Min. Co., 17 Ida. 179, 105 Pac. 60.) “All evidence which shows upon its face that better remains behind is secondary.” (17 Cyc. 465, and numerous citations.) The burden was upon the respondents (husband and wife) to, establish the good faith of the transaction between…
1Opinion of the CourtSullivan, C. J.
This action was brought to perpetually restrain the sheriff of Canyon county from selling at sheriff’s sale the north one-half of, the southwest quarter of the northwest quarter of sec. 26, tp. 9 north of range 5, West Boise Meridian, Canyon county, to satisfy a judgment against her husband.
Upon a trial of the case the court made its finding of facts, conclusions of law and entered judgment in favor of the plaintiff, perpetually restraining the defendant, as sheriff, from selling said land. The appeal is from the judgment.
The main contention is that the evidence is insufficient to support the…
2Cases cited5 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Mendenhall v. ElwertOregon Supreme Court · 1900
- Northwestern & Pacific Hypotheek Bank v. RauchIdaho Supreme Court · 1900
- First Nat. Bank of Holdenville v. KissareSupreme Court of Oklahoma · 1908
- Humbird Lumber Co. v. DoranIdaho Supreme Court · 1913
3Cited by23 opinions
- Sheppard v. SheppardIdaho Supreme Court · 1982
- Winn v. WinnIdaho Supreme Court · 1983
- Freeburn v. FreeburnIdaho Supreme Court · 1976
- Quayle v. MacKertIdaho Supreme Court · 1968
- Aker v. AkerIdaho Supreme Court · 1933
18 more not listed; retrieve them via the Exa API.