Legal Opinion

Steltz v. Morgan

Idaho Supreme Court

Decided April 21, 1909PublishedCited by 3 opinions

APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge. Action by the plaintiff for damages occasioned by trespass on real estate. Judgment for plaintiff and defendant appealed.

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APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge. Action by the plaintiff for damages occasioned by trespass on real estate. Judgment for plaintiff and defendant appealed. “The law does not require, to perfect a tax title, that the divested owner shall voluntarily place the purchaser in possession, or that the purchaser shall, in the absence of resistance, institute legal proceedings and be put in possession by the sheriff; but the purchaser may himself take possession whenever he can do so without difficulty.” (2 Cooley on…

1Opinion of the CourtAilshie, J.

This action was instituted by George Steltz, as administrator of the estate of Gray Sterling, deceased, for the purpose of recovering from defendant the sum of $2,000 damages for a trespass on real estate. Plaintiff alleges that he is the duly appointed and acting administrator of the estate of Gray Sterling, deceased, and that at the time of the death of Gray Sterling, she was in the actual and peaceable possession of lot 2 of block 24 of the town of Genesee, and that ever since her death the plaintiff, as administrator, has been in the actual, peaceable and quiet possession of that…

2Cases cited5 opinions

  1. Moingona Coal Co. v. BlairSupreme Court of Iowa · 1879
  2. Casey v. MasonSupreme Court of Oklahoma · 1899
  3. Sage v. NicholsSupreme Court of Iowa · 1879
  4. Rice v. HaddockSupreme Court of Iowa · 1886
  5. Martin v. LangensteinSupreme Court of Louisiana · 1891

3Cited by3 opinions

  1. Boulton v. TelferIdaho Supreme Court · 1932
  2. Duane R. Mueller v. Carolyn HillIdaho Supreme Court · 2015
  3. Davis v. TaylorSupreme Court of Oklahoma · 1944

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