Swann v. Sweetwater Irrigation & Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by plaintiffs to quiet title. Answer and cross-complaint by defendant praying for a decree establishing its title. Judgment for defendant and plaintiffs appeal. An allegation that defendant believes so and so is not an allegation of fact on information and belief.
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APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by plaintiffs to quiet title. Answer and cross-complaint by defendant praying for a decree establishing its title. Judgment for defendant and plaintiffs appeal. An allegation that defendant believes so and so is not an allegation of fact on information and belief. It entitled defendant to introduce no evidence, because its information and belief are immaterial. The allegation is insufficient to raise any issue. (Bank of North America v. Rindge (Cal.), 57 Fed. 279.)…
1Opinion of the CourtAilshie, C. J.
This action was commenced by the appellants in the lower court for the purpose of quieting their title to a strip of land 25 feet wide running across their farm and being 12% feet on each side of the center of an irrigation ditch. The defendant answered denying the material allegations of the complaint, and alleging title in itself by ■deed of conveyance and also by adverse possession. It also pleaded the statute of limitations. Judgment was entered in favor of the defendant. Plaintiffs moved for a new trial and the motion was denied, and they appealed from the judgment and order.
On January…
2Cases cited8 opinions
- Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.Idaho Supreme Court · 1898
- Baldwin v. TempleCalifornia Supreme Court · 1894
- Reynolds v. WillardCalifornia Supreme Court · 1889
- Stocker v. KirtleyIdaho Supreme Court · 1900
- Bank of North America v. RindgeU.S. Circuit Court for the District of Southern California · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bayhouse v. UrquidesIdaho Supreme Court · 1909
- Hogan v. BlakneyIdaho Supreme Court · 1952
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
- Nielson v. SandbergUtah Supreme Court · 1943
- White v. BoydstunIdaho Supreme Court · 1967
20 more not listed; retrieve them via the Exa API.