Wilson v. Linder
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to quiet title. Judgment for plaintiffs. Defendants appeal. Notice was served on plaintiffs as early, as 1902 of the adverse claim of defendants and cross-complainant, and this adverse claim and tenure supported by conduct giving it the color of integrity continued for more than five years prior to the initiation of this action and amounted to an ouster.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to quiet title. Judgment for plaintiffs. Defendants appeal. Notice was served on plaintiffs as early, as 1902 of the adverse claim of defendants and cross-complainant, and this adverse claim and tenure supported by conduct giving it the color of integrity continued for more than five years prior to the initiation of this action and amounted to an ouster. (38 Cyc. 25, par. B; Feliz v. Feliz, 105 Cal. 1, 38 Pae. 521; Alvarado v. Nordholt, 95 Cal. 116, 30 Pae. 211; Winterburn v.…
1Opinion of the Court
AILSHIE, J.-
This action was instituted by respondents to quiet the title to 160 acres of land described in the complaint. The appellants, who were defendants in the lower court, answered, and the appellant Emma J. Linder filed a cross-complaint praying for a decree quieting her title to the whole tract of land as against all the plaintiffs. A decree was entered in favor of the plaintiff and the defendants appealed.
The tract herein described formerly belonged to James Wilson, who died in March, 1899, leaving surviving children as follows: William E. Wilson, Lizzie Everett, Charlotta Calhoun,…
2Cases cited20 opinions
- Wright v. MattisonSupreme Court of the United States · 1856
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Defreese v. LakeMichigan Supreme Court · 1896
- Johnson v. HurstIdaho Supreme Court · 1904
- Bell v. HudsonCalifornia Supreme Court · 1887
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3Cited by13 opinions
- Stickel v. CarterIdaho Supreme Court · 1941
- Chapin v. StewartIdaho Supreme Court · 1951
- Thurston v. HoldenIdaho Supreme Court · 1928
- Hanley v. Federal Mining & Smelting Co.District Court, D. Idaho · 1916
- Givens v. GivensCourt of Appeals of Kentucky (pre-1976) · 1965
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