Jones v. Meyers
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. After final entry has been made upon a pre-emption claim by a pre-emptor in due form, and payment from the land has been made, and final proof certificate issued, and a sale is made by the pre-emptor to an innocent purchaser, for value in good faith, it is not within the power of the land office to cancel the pre-emption entry, and deprive the innocent purchaser of the property he has bought without notice to him, and without any…
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APPEAL from District Court, Bear Lake County. After final entry has been made upon a pre-emption claim by a pre-emptor in due form, and payment from the land has been made, and final proof certificate issued, and a sale is made by the pre-emptor to an innocent purchaser, for value in good faith, it is not within the power of the land office to cancel the pre-emption entry, and deprive the innocent purchaser of the property he has bought without notice to him, and without any fault upon his part. (Smith v. Ewing, 23 Eed. 741; Perry v. O'Hanlon, 11 Mo. 585, 49 Am. Dec. 100; Brill v. Stiles, 35…
1Opinion of the CourtSullivan, C. J.
This is an action in ejectment, brought by the plaintiff against the defendant, to recover possession of certain real estate situated in the county of Bear Lake, in this state. The complaint is the ordinary one in an-action of ejectment. The answer is a general denial of the allegations of the complaint, and sets up that defendant is in possession of said land under a homestead entry. The pleadings are not verified. The case was heard in the court below upon the following stipulation of facts: “In the above cause it is stipulated and agreed that the facts are as follows: That -about the month…
2Cases cited19 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Carroll v. SaffordSupreme Court of the United States · 1845
- United States v. MinorSupreme Court of the United States · 1885
- Myers v. CroftSupreme Court of the United States · 1872
- Pendleton County v. AmySupreme Court of the United States · 1872
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3Cited by4 opinions
- Bogan v. Edinburgh American Land Mortg. Co.Court of Appeals for the Eighth Circuit · 1894
- Parsons v. VenzkeNorth Dakota Supreme Court · 1894
- Lynch v. HarrisSupreme Court of Oklahoma · 1912
- Sorrenson v. MeyersIdaho Supreme Court · 1891