Huff v. Huff
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. E. C. Steele, Judge. Action to set aside deeds of conveyance of real property. Judgment for defendant. Plaintiff appeals. If there was no marriage subsequent to the death of the first wife contracted between Huff and the defendant, but they continued to live in a meretricious relation down to Huff’s death, this relation did not make them husband and Wife.
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APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. E. C. Steele, Judge. Action to set aside deeds of conveyance of real property. Judgment for defendant. Plaintiff appeals. If there was no marriage subsequent to the death of the first wife contracted between Huff and the defendant, but they continued to live in a meretricious relation down to Huff’s death, this relation did not make them husband and Wife. (Stewart on Marriage and Divorce, see. 46; Keeser on Marriage and Divorce, sec. 45.; Collins v. Voorhees, 47 N. J. Eq. 555, 22 Atl. 1054, 14 L. R. A. 364.)…
1Opinion of the CourtStewart, C. J.
This is an action to set aside two deeds of conveyance of certain real estate situated in Idaho county, this state. The first is a conveyance made by Martin Y. Huff and Anthia Huff to A. C. Gentry, dated May 2, 1907, and the other, made by A. C. Gentry and Naomi L. Gentry, his wife, to the respondent, Anthia Huff,, also dated May 2, 1907.
The cause was tried by the court and findings and conclusions were made and a decree rendered in favor of the respondent. A motion for a new trial was made and overruled and this appeal is from the judgment.
The respondent moves to dismiss this appeal upon two…
2Cases cited10 opinions
- Teter v. TeterIndiana Supreme Court · 1885
- Blanchard v. LambertSupreme Court of Iowa · 1876
- Pittinger v. PittingerSupreme Court of Colorado · 1901
- Klein v. LaudmanSupreme Court of Missouri · 1860
- Bishop v. Brittain Investment Co.Supreme Court of Missouri · 1910
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3Cited by22 opinions
- Graham v. Larry Donohoe LoggingIdaho Supreme Court · 1982
- Mauldin v. Sunshine Mining Co.Idaho Supreme Court · 1939
- Labonte v. DavidsonIdaho Supreme Court · 1918
- Henderson v. HendersonCourt of Appeals of Maryland · 1952
- Dawson v. United StatesCourt of Appeals for the Ninth Circuit · 1926
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