Bower v. Kollmeyer
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Suit for injunction and to quiet title. Judgment for plaintiffs. A prescriptive title cannot be founded upon use and occupation which is not adverse to the title of the owner. {Davis v. Devanney, 7 Ida. 742, 65 Pae. 500; Unger v. Mooney, 63 Cal. 586, 49 Am. Rep. 100; Crocker v. Dougherty, 139 Cal. 521, 73 Pae. 429; Lucas v. White, 120 Iowa, 735, 98 Am.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Suit for injunction and to quiet title. Judgment for plaintiffs. A prescriptive title cannot be founded upon use and occupation which is not adverse to the title of the owner. {Davis v. Devanney, 7 Ida. 742, 65 Pae. 500; Unger v. Mooney, 63 Cal. 586, 49 Am. Rep. 100; Crocker v. Dougherty, 139 Cal. 521, 73 Pae. 429; Lucas v. White, 120 Iowa, 735, 98 Am. St. 380, 95 N. W. 209.) “It must be hostile in its inception and it must continue hostile throughout the whole statutory period.”…
1Opinion of the CourtMorgan, J.
Respondents, the owners of certain farm lands, claiming the right to convey water thereon through the east half of. the northeast quarter of section 33, township 9 south, range 15 east, Boise meridian, belonging to appellants, brought this action, among other purposes, to quiet their title to and to enjoin appellants from interfering with, the use of a ditch constructed across the land above described. Appellants filed an answer and cross-complaint wherein they prayed that respondents be enjoined from interfering with their said property and for other relief.
Respondents’ title to the land…
2Cases cited12 opinions
- Harvey v. TylerSupreme Court of the United States · 1865
- Sommer v. ComptonOregon Supreme Court · 1908
- Jasperson v. ScharnikowCourt of Appeals for the Ninth Circuit · 1907
- Probst v. Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian ChurchSupreme Court of the United States · 1889
- Blake v. ShriverWashington Supreme Court · 1902
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3Cited by9 opinions
- Hogan v. BlakneyIdaho Supreme Court · 1952
- Swanson v. StateIdaho Supreme Court · 1960
- Koon v. EmpeyIdaho Supreme Court · 1924
- Smith v. LongIdaho Supreme Court · 1955
- Village of Fairview v. Franklin Maple Creek Pioneer Irrigation Co.Idaho Supreme Court · 1938
4 more not listed; retrieve them via the Exa API.