Johnson v. Sowden
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. An action to quiet title. “Occupation of another’s land, in the belief that it is unclaimed land belonging to the state, is not adverse possession.”
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. An action to quiet title. “Occupation of another’s land, in the belief that it is unclaimed land belonging to the state, is not adverse possession.” (Schleicher v. Gatlin, 85 Tex. 270, 20 S. W. 120.) Where the occupation of land is by a mere mistake, and with no intention on the part of the occupant to claim as his own land which does not belong to him, but intends to claim only to the true line, wherever it may be, the holding is not adverse. (1 Cyc. 1037, 1038, and cases cited.)…
1Opinion of the CourtStewart, J.
This is an action to quiet title to the N. i/2 of the S. E. % and N. % of the S. W. sec. 2, twp. 1 N., R. 18 E., B.-M. The complaint is in proper form in an action to quiet title. The defendant filed an answer denying all the allegations of the complaint, and also a erosscomplaint alleging a.cause,of action to quiet the title to the same property described in the complaint1, which is in proper form in an action to quiet title. This cross-complaint was met by a denial of the allegations contained therein. Upon these issues the case went to trial. The parties stipulated that the findings of…
2Cases cited5 opinions
- Hall v. BlackmanIdaho Supreme Court · 1902
- Johnson v. HurstIdaho Supreme Court · 1904
- Foster v. BowmanSupreme Court of Iowa · 1880
- Cramer v. WalkerIdaho Supreme Court · 1913
- Craven v. LeshIdaho Supreme Court · 1912
3Cited by3 opinions
- Turner v. SanchezNew Mexico Supreme Court · 1946
- Stickel v. CarterIdaho Supreme Court · 1941
- Smith v. City of NampaIdaho Supreme Court · 1937