Idaho Gold Mining Co. v. Winchell

Citations

• 6 Idaho 729
• 59 P. 533
• 1899 Ida. LEXIS 60

Syllabus

<p>Lien — Interpleader Action. — A person who flies a lien on property for material furnished, and thereafter appears in an inter-pleader action brought to determine the priority of the rights of creditors to the purchase price paid for the property on which the lien is claimed, and demands that his claim be paid out of said fund, waives such lien and is estopped from foreclosing the same.</p> <p>Minino Claims — Ouster.—Where one unlawfully ousts the owner from mining claims and in working the same creates debts, such debts are not legal claims for liens against the mining claims.</p> <p>Estoppel — Purchase Price Eund. — Where one has a valid lien on property for the payment of a debt, and such property is sold on a contract made prior to the creation of such debt, and the claimant goes into a court of equity and asks to have his lien claim paid out of the purchase price fund, he is estopped from thereafter resorting to such property to make such debt.</p> <p>Decree op Court of Sister State. — A decree of a court of equity which has jurisdiction of the parties is binding on them, and if such decree affects the title to real property in another state such decree will be given force in that state.</p> <p>(Syllabus by the court.)</p>