Bayhouse v. Urquides
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District of the State of Idaho, in and for Ada County. Hon. Fremont Wood, Judge. Action in ejectment and to quiet title to a strip of land about five feet in width. Judgment for plaintiff, and defendant appealed.
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APPEAL from the District Court of the Third Judicial District of the State of Idaho, in and for Ada County. Hon. Fremont Wood, Judge. Action in ejectment and to quiet title to a strip of land about five feet in width. Judgment for plaintiff, and defendant appealed. The defendant in this case could not be bound by the survey made by the commission, for the reason that none of the parties who made said survey were called to the stand to testify as to its 'accuracy, and the defendant did not have an opportunity to cross-examine the parties who made the commission survey. The commission was not…
1Opinion of the CourtAilshie, J.
— This is an appeal from a judgment quieting the title to a strip of land claimed by two adjoining lot owners. The first objection urged by appellant is against the ruling of the court in admitting in evidence certain exhibits marked “A” and “B,” being maps and plats of a survey *290of the ground in dispute. This surrey appears to hare been made by one A. M. Ashline, and embraced the north half of block 29 of the original townsite of Boise City. The surveyor testified on the trial as follows: “I made a survey of this property from which the map was drawn. The starting point of the survey was the…
2Cases cited19 opinions
- Stanley v. GadsbySupreme Court of the United States · 1836
- Diehl v. ZangerMichigan Supreme Court · 1878
- Swann v. Sweetwater Irrigation & Power Co.Idaho Supreme Court · 1908
- Preble v. Maine Central RailroadSupreme Judicial Court of Maine · 1893
- Palmer v. DoschIndiana Supreme Court · 1897
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3Cited by56 opinions
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- Edgeller v. JohnstonIdaho Supreme Court · 1953
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- Pointner v. JohnsonIdaho Supreme Court · 1985
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