Keyser v. Morehead
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action to establish a right and title to improvements in a lateral ditch. Judgment for defendants. The general rule in regard to the right of possession by co-owners of an undivided interest in real estate is that no-one of them has the right to keep the others out of any part of the estate.
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APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action to establish a right and title to improvements in a lateral ditch. Judgment for defendants. The general rule in regard to the right of possession by co-owners of an undivided interest in real estate is that no-one of them has the right to keep the others out of any part of the estate. (Jones on Landlord and Tenant, sec. 28, p. 24.) Cotenant owners of an estate in lands stand in a relation to each other of mutual trust and confidence, and neither will be permitted to act in…
1Opinion of the CourtStewart, J.
— This action was brought by the appellant against the defendants for the purpose of establishing his right and interest in a certain pipe-line to the extent of twenty miner’s inches, upon plaintiff’s paying into court his proportional share of the expense of purchasing and laying said pipe-line. The defendants by their answer put in issue the allegations of the complaint.
It appears from the record that the appellant and the respondents own lands in the same neighborhood, and that such parties have been taking water from what is known as the Lower Payette Ditch and its extensions, and that…
2Cases cited5 opinions
- Arthur v. CoyneSupreme Court of Oklahoma · 1912
- Armijo v. NeherNew Mexico Supreme Court · 1903
- Mix v. WhiteIllinois Supreme Court · 1865
- Carnes v. DaltonOregon Supreme Court · 1910
- Haven v. MehlgartenIllinois Supreme Court · 1857
3Cited by6 opinions
- Washington County Irrigation District v. TalboyIdaho Supreme Court · 1935
- Daryl K. and Linda L. Mullinix v. Killgore's Salmon River Fruit Co.Idaho Supreme Court · 2015
- Dorsey v. DorseyIdaho Supreme Court · 2023
- Bahnmiller v. BahnmillerIdaho Supreme Court · 2008
- Bedell v. ParsonsIdaho Supreme Court · 2026
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