Page v. Bradford-Kennedy Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, foi Bonner County. Hon. R. N. Dunn, Judge. ■ Action to recover the value of timber cut from certain lands. Judgment for plaintiff. There is absolutely nothing in the record to show that either Hye, Melnturff, Kent, the Alamo Colony, or the Northern Pacific Co. ever acquired title to this land from the gov-eminent, and the failure to show those facts is absolutely fatal.
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APPEAL from the District Court of the Eighth Judicial District, foi Bonner County. Hon. R. N. Dunn, Judge. ■ Action to recover the value of timber cut from certain lands. Judgment for plaintiff. There is absolutely nothing in the record to show that either Hye, Melnturff, Kent, the Alamo Colony, or the Northern Pacific Co. ever acquired title to this land from the gov-eminent, and the failure to show those facts is absolutely fatal. There is nothing in the record to show that any of these parties except Melnturff ever had possession of the lands. A mere agreement to sell, or even a conveyance…
1Opinion of the CourtSullivan, J.
This action was brought to recover possession of 1,500,000 feet of cottonwood sawlogs alleged at the time of the commencement of the action to be banked along the Kootenai river, on section 7, township 63 N., range 1 E., of Boise Meridian, and alleged to be of the value of $2,250. An affidavit and undertaking in claim and delivery was filed, with notice to the sheriff to take possession of the property described in the affidavit. Thereafter appellant filed a motion to quash the writ of replevin upon the grounds that the complaint and affidavit did not state facts sufficient to authorize its…
Also in this document: Concurrence.
2Cited by6 opinions
- Steward v. SirrineArizona Supreme Court · 1928
- Hall v. Dallas Joint-Stock Land Bank of DallasCourt of Appeals of Texas · 1936
- Groves v. WhittenbergCourt of Appeals of Texas · 1914
- Wolter v. DixonIdaho Supreme Court · 1916
- Lawrence v. KennedyWest Virginia Supreme Court · 1922
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