Legal Opinion

Brinton v. Steele

Idaho Supreme Court

Decided April 12, 1913PublishedCited by 6 opinions

APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to quiet title to real property. Judgment for defendant. A judgment cannot stand when it is based on findings of fact which are antagonistic, inconsistent' or contradictory as to material matters.

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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to quiet title to real property. Judgment for defendant. A judgment cannot stand when it is based on findings of fact which are antagonistic, inconsistent' or contradictory as to material matters. (Lang an v. Langan, 89 Cal. 186, 26 Pae. 764; Learned v. Castel, 78 Cal. 454, 18 Pac. 872, 21 Pac. 11; Carman v. Boss, 64 Cal. 249, 29 Pac. 510; Sloss v. All-man, 64 Cal. 47, 30 Pae. 574; Beese v. Corcoran, 52 Cal. 495; Authors v. Bryant, 22 Nev. 242, 38 Pac. 439.) The finding…

1Opinion of the CourtStewart, J.

— This action was brought by appellant to quiet title to a strip of land near the line of subdivision between lots 12 and 13, block 30 of the city of Lewiston. The trial court entered a decree quieting the title in the respondent to the following strip of land: “A triangular strip of land, and every part thereof, the same being a strip of land 11 feet - — — inches wide at the south end thereof, and at the north end both east and west boundaries terminate at the same point, the same being a part of lot 12, block 30, of the original plat of the city of Lewiston, Idaho, and the same being…

2Cases cited1 opinion

  1. Brinton v. SteeleIdaho Supreme Court · 1910

3Cited by6 opinions

  1. Russell v. Boise Cold Storage Co.Idaho Supreme Court · 1927
  2. Pomeroy v. GordanIdaho Supreme Court · 1913
  3. Commercial Trust Co. v. Idaho Brick Co.Idaho Supreme Court · 1913
  4. Brinton v. SteeleIdaho Supreme Court · 1914
  5. Dearing v. HockersmithIdaho Supreme Court · 1913

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