Kelly v. Easton
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action for trespass to real property. Judgment for plaintiff for damages, but denying him a lien upon animals dis-trained damage feasant or compensation for their care and keeping while distrained.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action for trespass to real property. Judgment for plaintiff for damages, but denying him a lien upon animals dis-trained damage feasant or compensation for their care and keeping while distrained. Under the facts the appellant was entitled to a common-law lien upon the livestock distrained for the amount of his damages and the care and keeping of such livestock while in his possession, and for the costs of this action. (2 Cye. 392, 398, 399, and notes; Novak v. Shoup, 209 111.…
1Opinion of the CourtBudge, J.
This action was brought by appellant for trespass to real property.
From the record it appears that appellant leased from the Ranch Company, in 1916, eighty acres of land, which was a portion of a tract owned by the company. The entire tract was inclosed with a legal fence, but there was no division fence between the premises leased to appellant and the balance of the tract. Appellant continued in the occupancy of the leased premises until the fall of 1919, holding over under his lease. About September 25, 1919, respondents Hortense A. Ford and E. D. Ford, over appellant’s protest, turned into…
2Cases cited11 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- Strong v. BrownIdaho Supreme Court · 1914
- Cook v. . GreggNew York Court of Appeals · 1871
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3Cited by9 opinions
- Maguire v. YankeIdaho Supreme Court · 1978
- West v. BrennerIdaho Supreme Court · 1964
- SCH. DIST. NO. 351 ONEIDA CTY v. Oneida Ed. Ass'nIdaho Supreme Court · 1977
- Marty v. StateIdaho Supreme Court · 1989
- Easley v. LeeIdaho Supreme Court · 1986
4 more not listed; retrieve them via the Exa API.