Ruddy v. Rossi
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to perpetually enjoin the sale of land to satisfy judgment liens upon execution. Judgment for plaintiff. The right to a patent once vested is treated by the government, when dealing with the public domain, as equivalent to a patent issued. (Budd v. Gallier, 50 Or. 42, 89 Pac. 638; Starks v. Starrs, 6 Wall.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to perpetually enjoin the sale of land to satisfy judgment liens upon execution. Judgment for plaintiff. The right to a patent once vested is treated by the government, when dealing with the public domain, as equivalent to a patent issued. (Budd v. Gallier, 50 Or. 42, 89 Pac. 638; Starks v. Starrs, 6 Wall. (73 U. S.) 402, 18 L. ed. 925; Flanagcm v. Forsythe, 6 Okl. 225, 50 Pac. 152, 155.) And when the receiver’s final receipt or certificate is issued to the entryman under…
1Opinion of the CourtBudge, J.
The respondent in this case filed a homestead entry on the northeast quarter of the northwest quarter, sec. 34, twp. 48 north, range 4 east, Boise Meridian, on August 6, 1903. Final proof was submitted by respondent in the local land office on October 4, 1909, and receiver’s final receipt and certificate of entry acknowledging receipt of the purchase price of the land was issued November 12, 1909. The final patent to respondent for this land was not issued until August 26, 1912.
During the period between the date of the issuance of receiver’s final receipt and the issuance of the patent…
2Cases cited15 opinions
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- Weare v. JohnsonSupreme Court of Colorado · 1894
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Wallowa National Bank v. RileyOregon Supreme Court · 1896
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3Cited by11 opinions
- J.R. Simplot Company, Inc. v. Idaho State Tax CommissionIdaho Supreme Court · 1991
- Ruddy v. RossiSupreme Court of the United States · 1918
- Bashore v. AdolfIdaho Supreme Court · 1925
- Thomas v. GoffIdaho Supreme Court · 1979
- Fidelity State Bank v. MillerIdaho Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.