Daly v. Josslyn
Idaho Supreme Court
APPEAL from District Court, Blaine County. The finding of tbe trial court is that he, Kimbrough, had only constructive notice by the record. That being a purchaser in good faith, for value, without notice of the contract, he is not bound by its terms. This raises at once the question of the nature of the contract and whether its record gave constructive notice of its contents. Constructive notice of the contents of recorded instruments is purely a creature of the statute.
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APPEAL from District Court, Blaine County. The finding of tbe trial court is that he, Kimbrough, had only constructive notice by the record. That being a purchaser in good faith, for value, without notice of the contract, he is not bound by its terms. This raises at once the question of the nature of the contract and whether its record gave constructive notice of its contents. Constructive notice of the contents of recorded instruments is purely a creature of the statute. (Kev. Stats, sec. 3000.) This is in form an equitable action. Applying the rule in equity to the facts here, the acr tion…
1Opinion of the CourtQuarles, C. J.
This action was commenced by the respondents, as plaintiffs, to obtain a decree for the specific enforcement of a contract or agreement made and entered into by and among three different parties, viz., Simpson Goble, Asa M. Kimbrough, and Jennie B. Galbraith, on the seventeenth day of December, 1891, for the purpose of compromising and settling litigation among themselves then pending to settle the rights of said parties in and to the waters of that certain stream in what is now Blaine county, known as “Seaman’s Creek.” In said agreement it was agreed that the waters of said creek should be…
Also in this document: Concurrence.
2Cases cited1 opinion
- Kelly v. PerraultIdaho Supreme Court · 1897
3Cited by5 opinions
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Fritcher v. KelleyIdaho Supreme Court · 1921
- Josslyn v. DalyIdaho Supreme Court · 1908
- Hayes v. FlesherIdaho Supreme Court · 1921
- Gordon v. LempIdaho Supreme Court · 1901