Apostolic Holiness Union v. Knudson
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai county. Hon. John M. Flynn, Judge. Action to quiet title. Judgment for plaintiff. Defendants appeal. The evidence shows that the Apostolic Holiness Church has never been organized. It is not a plaintiff in this proceeding. Plaintiff alleges title in itself in fee simple, but its proof, if it tends to show anything, shows only an equitable title.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai county. Hon. John M. Flynn, Judge. Action to quiet title. Judgment for plaintiff. Defendants appeal. The evidence shows that the Apostolic Holiness Church has never been organized. It is not a plaintiff in this proceeding. Plaintiff alleges title in itself in fee simple, but its proof, if it tends to show anything, shows only an equitable title. “The rule is that plaintiff must succeed only on the strength of his own title, and not on the weakness of his adversary.” (32 Cyc. 1329, 1368.) The property in controversy…
1Opinion of the CourtAilshie, J.
This action was instituted by the “Apostolic Holiness Union of Post Falls, Idaho,” a corporation, against Herman Knudson, C. D. Erb, C. M. Venters and the “Pentacostal Church of the Nazar ene of Post Falls, Idaho,” and others, for the purpose of procuring a decree quieting the title-in the plaintiff to a certain piece of land situated near Post Falls, containing something like an acre, on which had been constructed a church building. After trial a decree was entered in favor of the plaintiff and defendants appeal.
This litigation grows out of a dispute in and final division of what is…
2Cases cited4 opinions
- Schnorr's AppealSupreme Court of Pennsylvania · 1871
- Christian Church of Sand Creek v. Church of Christ of Sand CreekIllinois Supreme Court · 1906
- Alden v. St. Peter's ParishIllinois Supreme Court · 1895
- Peace v. First Christian Church of McGregorCourt of Appeals of Texas · 1898
3Cited by5 opinions
- New York Annual Conference of the United Methodist Church v. FisherSupreme Court of Connecticut · 1980
- Seventh Elect Church in Israel v. First Seattle Dexter Horton National BankWashington Supreme Court · 1932
- Saints of Spokane v. BaileyWashington Supreme Court · 1929
- New York Annual Conference of the United Methodist Church v. FisherSupreme Court of Connecticut · 1980
- Smith v. St. John Baptist ChurchMontana Supreme Court · 1949