McKeehan v. Vollmer-Clearwater Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to quiet title. Decree for plaintiff.
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APPEAL from tbe District Court of tbe Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action to quiet title. Decree for plaintiff. “In transactions of this kind between husband and wife, where the wife is attempting to protect property which she claims is her separate property from the debts of her husband, which has been standing in his name, the evidence ought to be clear and convincing, and the best evidence that can be produced ought to be presented on the trial.” (Chaney v. Gaxdd Co., 28 Ida. 76, 152 Pac. 468; 17 Cyc. 465; Mendenhall v. Elwert, 36 Or. 375, 52…
1Opinion of the Court
FLYNN, District Judge.
Claiming certain real estate as her separate property, respondent, a married woman, sues to *508quiet title thereto as against a deed obtained by appellant under an execution issued against respondent’s husband. The cause was tried to the court and findings and decree were made in favor of respondent.
The principal errors assigned are the insufficiency of the evidence to support the findings, error in finding that the respondent is not estopped to assert claim to the property, and error as to the admission and rejection of certain evidence.
The record discloses that respondent…
2Cases cited1 opinion
- Chaney v. Gauld Co.Idaho Supreme Court · 1915
3Cited by7 opinions
- Smith v. SmithIdaho Supreme Court · 1973
- Neil v. HydeIdaho Supreme Court · 1919
- Feltham v. BlunckIdaho Supreme Court · 1921
- State v. BoyleIdaho Supreme Court · 1947
- Snell v. SticklerIdaho Supreme Court · 1931
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