Brinton v. Steele
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title and for an injunction. Judgment for defendant.
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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to quiet title and for an injunction. Judgment for defendant. The allegations of the answer setting up claims adverse to the title of the plaintiff alleged in the complaint supplied the allegation in the complaint that the defendants “claimed an interest in the real estate” adverse to the plaintiff’s title, which claim is without right, unfounded, and a cloud upon plaintiff’s title. (31 Cyc. 714, 717; 32 Cyc. 1357.) The main jurisdiction of the court invoked by the action…
1Opinion of the CourtSullivan, C. J.
— This action was brought to quiet title to a triangular piece of land lying between lots 12 and 13, block 30, in the city of Lewiston, a strip eleven feet wide at the south end and terminating in a point at the north end; and for the purpose of obtaining a permanent injunction against the defendant restraining him from using what was intended as a private way extending from Ninth street over original lot 13 in said city, which private way has been subdivided into lots and designated as lots 4, 21, 22, 23 and 24, being subdivisions of a part of said lot 13, block 30; and also to restrain the…
2Cases cited1 opinion
- Wilson v. Boise CityIdaho Supreme Court · 1900
3Cited by5 opinions
- Evans v. District Court of the Fifth Judicial DistrictIdaho Supreme Court · 1929
- Maitia v. Allied L. & L. S. Co.Nevada Supreme Court · 1926
- Brinton v. SteeleIdaho Supreme Court · 1913
- City of Everett v. CowlesWashington Supreme Court · 1917
- Brinton v. SteeleIdaho Supreme Court · 1915