Legal Opinion

Johnson v. Hurst

Idaho Supreme Court

Decided July 6, 1904PublishedCited by 34 opinions

APPEAL from District Court of tbe Fourth Judicial District in and for the County of Lincoln. Honorable Lyttleton Price, Judge. STATEMENT OE THE EACTS.

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APPEAL from District Court of tbe Fourth Judicial District in and for the County of Lincoln. Honorable Lyttleton Price, Judge. STATEMENT OE THE EACTS. After the trial of this case the district judge filed an opinion in writing, from which we take the following statement as to -the issues made in the Court below: “This action was commenced February 8th, this year, to quiet title to certain lands mentioned and referred to as lots 7 and 8 of section 6, and lots 5. 6 and 7 of section 5, township 9 south, of range 15 east, couniy of Lincoln, containing 111.38 acres. Plaintiff alleges ownership of…

1Opinion of the CourtAilshie, J.

(After Making, the Statement.) — The learned trial judge, after an exhaustive review of the authorities hearing upon the questions at issue in the case, announced the following propositions, which seem to us to have controlled his opinion and judgment in this case, and which we therefore quote in full from his opinion:

“If these authorities are to be followed and the principle adduced from them applied to the facts here, it must be held that the plaintiff’s lots are hounded by the south line shown on the plat and that by the patent the government did not convey to the plaintiff’s grantor any…

2Cases cited26 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
  3. Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
  4. Cragin v. PowellSupreme Court of the United States · 1888
  5. Horne v. SmithSupreme Court of the United States · 1895

21 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Heckman Ranches, Inc. v. State Ex Rel. Department of Public LandsIdaho Supreme Court · 1979
  2. Johnson v. JohnsonIdaho Supreme Court · 1908
  3. Smylie v. PearsallIdaho Supreme Court · 1969
  4. Callahan v. PriceIdaho Supreme Court · 1915
  5. Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913

29 more not listed; retrieve them via the Exa API.

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