Hammitt v. Virginia Mining Co.
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Pión. Wm. W. Woods, Judge. Action to quiet title. Judgment for plaintiff. It was necessary for Hammitt to set forth and allege the facts constituting his ownership in the property. Without such fact being alleged, a mere conclusion that plaintiff Ham-’ mitt is the owner fails to constitute a cause of action and failed to advise this appellant of plaintiff’s interest.
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APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Pión. Wm. W. Woods, Judge. Action to quiet title. Judgment for plaintiff. It was necessary for Hammitt to set forth and allege the facts constituting his ownership in the property. Without such fact being alleged, a mere conclusion that plaintiff Ham-’ mitt is the owner fails to constitute a cause of action and failed to advise this appellant of plaintiff’s interest. (Bingham County v. Woodin, 6 Ida. 284, 55 Pac. 662; Holton v. Sandpoint Lumber Co., 7 Ida. 573, 64 Pac. 889; Byington v. Commissioners of Saline…
1Opinion of the CourtBudge, J.
This is an action to quiet title to an undivided one-sixth interest in the Virginia Lode Mining Claim in Shoshone county. The case was tried to the court without a jury. The court found the facts in favor of respondent, aiid entered judgment quieting title in him as prayed in the complaint. This appeal is from the judgment.
The court overruled appellant’s general demurrer to the complaint. This ruling is assigned as error. The complaint alleges in substance that respondent is the owner and in possession of the property, describing it, an unpatented mining claim; that appellant asserts a claim…
2Cases cited17 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Davenport v. BurkeIdaho Supreme Court · 1917
- Davis v. CrumpCalifornia Supreme Court · 1912
- Pettengill v. BlackmanIdaho Supreme Court · 1917
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Aldape v. AkinsIdaho Court of Appeals · 1983
- Edgeller v. JohnstonIdaho Supreme Court · 1953
- Commercial Insurance Co. v. Hartwell Excavating Co.Idaho Supreme Court · 1965
- Manley v. MacFarlandIdaho Supreme Court · 1958
- Woll v. CostellaIdaho Supreme Court · 1938
16 more not listed; retrieve them via the Exa API.