Whitman v. McComas
Idaho Supreme Court
APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action in ejectment. Judgment for the defendant. The facts- are stated in the opinion. The plaintiff had a right to have this notice of possessory claim to the land in dispute introduced and considered by the jury.
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APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action in ejectment. Judgment for the defendant. The facts- are stated in the opinion. The plaintiff had a right to have this notice of possessory claim to the land in dispute introduced and considered by the jury. (Idaho Rev. Stats. 1887, c. 4, p. 407.) This statute was borrowed from California, where it has been in force since 1850. We believe the case of Coryell v. Cain, 16 Cal. 567, is distinctly applicable to the present case. The law, as announced by Judge Field in that case, has never been reversed, but…
1Opinion of the CourtSullivan, J.
— This is an action in ejectment, and involves the right to the possession of the northeast quarter of the southeast quarter of section 27, township 30 north, range 4 east, in Idaho county, the same being included in what is referred to in the record as the W. F. Smith ranch. United States survey of said land was but recently extended over it.
*566The complaint contains the nsnal allegations of a complaint in ejectment, and judgment for possession is prayed for with damages. The answer is a specific denial of the allegations of the complaint. The cause was tried by the court with a jury, which…
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