Purdum v. Taylor
Idaho Supreme Court
APPEAL from District Court, Alturas County. A pre-emptor of public land cannot mortgage his interest before entry. (1 Jones on Mortgages, sec. 177.) The act of acquiring title by pre-emption is a personal privilege; but the applicant cannot transfer any right arising from his possession so as to vest it in another.
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APPEAL from District Court, Alturas County. A pre-emptor of public land cannot mortgage his interest before entry. (1 Jones on Mortgages, sec. 177.) The act of acquiring title by pre-emption is a personal privilege; but the applicant cannot transfer any right arising from his possession so as to vest it in another. (Quinn v. Kenyon, 38 Cal. 502; Moore v. Besse, 43 Cal. 514; Bray v. Bagsdale, 53 Mo. 170.) “Before a valid mortgage can be made of a pre-emption of public land, an entry of it according to law must be made.” (Freeman on Executions, sec. 176.) The judgment on its face is void.…
1Opinion of the CourtBuck, J.
This action was brought for the foreclosure of a mortgage. The defendants answered, alleging that the prem*168ises described .in tbe mortgage were, at the time of the execution thereof, public lands of the United States, npon which he was living as a pre-emptor. Upon the issues thus made, upon the motion of defendant, the court entered judgment on the pleadings. The appeal is from the judgment.
The order granting the motion for judgment on the pleadings was a final decision in the action, to which an exception is deemed to have been taken under section 403 of our Code of Civil Procedure. To make…
2Cases cited9 opinions
- People ex rel. Huston v. HuntIdaho Supreme Court · 1872
- Guthrie v. PhelanIdaho Supreme Court · 1885
- Hemme v. HaysCalifornia Supreme Court · 1880
- Ainslie v. Idaho World Printing Co.Idaho Supreme Court · 1877
- Fox v. WestIdaho Supreme Court · 1880
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3Cited by3 opinions
- Bostwick v. KnightSupreme Court Of The Territory Of Dakota · 1888
- Smith v. Commercial National BankSouth Dakota Supreme Court · 1895
- Berry v. Alturas CountyIdaho Supreme Court · 1887