Trask v. Success Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. Wm. W. Woods, Judge. Action in ejectment to recover a portion of a mill site situated in Placer Center Mining District, Shoshone county, and to recover for withholding the same and for the rental thereof. Judgment for plaintiffs.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. Wm. W. Woods, Judge. Action in ejectment to recover a portion of a mill site situated in Placer Center Mining District, Shoshone county, and to recover for withholding the same and for the rental thereof. Judgment for plaintiffs. The plain and palpable meaning of instruction No. 3 is that (1) defendant’s possession and claim must not only have been such as to impute notice to plaintiff of defendant’s claim of title, but (2) that defendant must have given actual notice of its claim of title. All that the…
1Opinion of the CourtSullivan, C. J.
This is an action in ejectment to recover possession of about one-eighth of an acre of land, it being a part of the original Granite State mill site, situated in Placer Center Mining District, Shoshone county, and also to recover the sum of $500 damages for the alleged withholding of said premises, and also for the sum of $600, the alleged value of the rents, issues and profits of said tract of land.
The defendant denies the material allegations of the complaint and as a further answer pleads that this action is barred by the provisions of secs. 4036 and 4037, Rev. Codes, and pleads title to…
2Cases cited4 opinions
- Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
- Bayhouse v. UrquidesIdaho Supreme Court · 1909
- Gray v. WalkerCalifornia Supreme Court · 1910
- Daniels v. Gualala Mill Co.California Supreme Court · 1888
3Cited by13 opinions
- Owen v. BoydstunIdaho Supreme Court · 1981
- Smylie v. PearsallIdaho Supreme Court · 1969
- White v. BoydstunIdaho Supreme Court · 1967
- Hyde v. LawsonIdaho Supreme Court · 1972
- Lindgren v. MartinIdaho Supreme Court · 1997
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