Legal Opinion

White v. Whitcomb

Idaho Supreme Court

Decided June 15, 1907PublishedCited by 4 opinions

APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action in ejectment and for damages. Judgment for plaintiff.

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APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action in ejectment and for damages. Judgment for plaintiff. If the land in controversy was selected as a site for a city or town, or occupied for townsite purposes, or occupied for business and trade, the homestead and pre-emption laws did not apply to the same, and did not authorize the officers of the land department to permit an entry thereon, or to issue a patent therefor. (19 Stats, at Large, 392; 6 Fed. Stats. Ann. 353.) Where one party has acquired the legal title to property to…

1Opinion of the CourtSullivan, J.

This is an action in ejectment to recover possession of the N. W. % of the S. W. % and lots 5, 6 and 7, of section 2, Twp. 55 N. of R. 2 West of B. M., in Kootenai county. An amended complaint was filed and will hereafter be referred to as the complaint.

After alleging the ownership, in fee, in the plaintiffs, it is alleged that the defendants are wrongfully and unlawfully in possession of small portions of the tracts above described, and have used and occupied the same for a long period of time; that the premises were acquired by plaintiffs by homestead entry, final proof being made on the…

2Cases cited4 opinions

  1. Johnson v. TowsleySupreme Court of the United States · 1871
  2. Stark v. StarrsSupreme Court of the United States · 1868
  3. Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
  4. Peter v. KalezIdaho Supreme Court · 1905

3Cited by4 opinions

  1. Balderston v. BradyIdaho Supreme Court · 1910
  2. Reid v. KeatorIdaho Supreme Court · 1934
  3. Banzhaf Banzhaf v. Swan Co.Wyoming Supreme Court · 1944
  4. Harvey v. Deseret Sheep Co.Idaho Supreme Court · 1925

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