American Mining Co. v. Trask
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to have title to certain real estate standing of record in the name of Estelle Trask decreed' to be held by her in trust for the use and benefit of the American Mining Company, Limited. Judgment for plaintiff. No trust arises upon such a state of facts as is involved in this case. (Dude v. Ford, 138 U. S. 587, 11 Sup.
Read the full summary
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to have title to certain real estate standing of record in the name of Estelle Trask decreed' to be held by her in trust for the use and benefit of the American Mining Company, Limited. Judgment for plaintiff. No trust arises upon such a state of facts as is involved in this case. (Dude v. Ford, 138 U. S. 587, 11 Sup. Ct. 417, 84 L. ed. 1091; Stevens v. McChrystal, 150 Fed. 85, 80 C. C. A. 39.) The knowledge acquired by Potter in May, 1906, must be imputed to the company of…
1DissentMorgan, J.
I dissent. It is entirely clear from the record that respondent has for a period of many more than five years prior to the commencement of the action been in open, notorious, exclusive and adverse possession of the property in controversy, and, as indicated by our former opinion, sec. 4036, Rev. Codes, applies to this case. It is also entirely clear from the record that for a period of more than five years neither of appellants has, in any sense, been in possession of said lands or any part thereof, and they are precluded, by see. 4037, from making the defense here sought to be made.…
2Cases cited3 opinions
- Cady v. KellerIdaho Supreme Court · 1916
- Empire Mill Co. v. District Court of the Eighth Judicial DistrictIdaho Supreme Court · 1915
- Schultz v. Rose Lake Lumber Co.Idaho Supreme Court · 1915