Maxwell v. Twin Falls Canal Co.

Plaintiffs seek to remove a cloud upon their title to lands set forth in the complaint. The alleged cloud is a document executed by the defendant, appellant here, and acknowledged by it. It is in the nature of a claim or what is termed an equitable lien.

Appellant company attacked the pleadings and moved to strike the whole of paragraph 8 of the complaint. It assigns as error the court’s order refusing to do so.

The complaint, after setting forth the corporate existence of the defendant Twin Falls Canal Company, and the corporate existence of certain of the plaintiffs, then sets forth that on…