The Pacific Reporter Volume 105

The Pacific Reporter Volume 105

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... 37 Pac. 20; Edwards v. Grand. 121 Cal. 254, 53 Pac. 796; In re Conanfs Estate, 43 Or. 530, 73 Pac. 1018; Manhattan Co. v. Laimbeer, 108 N. Y. 578, 15 N. E. 712; 19 Cyc. 529, 530. This question was considered by this court in the case of O. S. L. R. R. Co. v. Stalker, 14 Idaho, 37103, 94 Pac. 59-70, In which this court held: "The great weight of authority seems to be that when a grantee has duly deposited for record a valid instrument at the proper time, at the proper office and with the proper officer, he has performed his whole duty, and subsequent purchasers will be charged with constructive notice, notwithstanding the officer does not spread the Instrument on the records, or fails to record it at all." Applying this principle to the case under consideration, when a proper petition was presented at a proper time to the officer named In the law, to wit, the auditor, and left with him for filing, it was filed. The petitioners had done all that the law required of them, and their rights could not be Jeopardized by any failure of the officer to make the proper indorsements upon such petition. Under the stipulated facts, the petition praying that an election be called was filed with the proper officer and in accordance with law, notwithstanding the fact that such officer wrote after his name the word "Clerk." This, no doubt, was a mere clerical error, and should not and could not, in any way prejudice the rights of the petitioners. It Is next contended that the trial court erred in permitting the auditor to amend the indorsement made upon such petition by striking out the word "Clerk" and writing the word "Auditor." The indorsement made upon the petition by the auditor was merely the evidence of the...show more

Product details

  • Paperback
  • 189 x 246 x 54mm | 1,873g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236807863
  • 9781236807861