Legal Opinion

Hodges v. Lemp

Idaho Supreme Court

Decided August 14, 1913PublishedCited by 1 opinion

APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for the cancelation of certain deeds and decree adjudging the plaintiff to hold the title to certain property in trust for the benefit of the inhabitants of Boise City. Judgment for the defendant. Plaintiff appealed.

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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for the cancelation of certain deeds and decree adjudging the plaintiff to hold the title to certain property in trust for the benefit of the inhabitants of Boise City. Judgment for the defendant. Plaintiff appealed. It is alleged in, the complaint that the tract conveyed by the Pinney deed was never platted into lots and blocks, and we invite the court’s attention to the act of 1871 (Special and Local Laws of Idaho, p. 30), for any authority to convey any portion of the townsite of…

1Opinion of the CourtAilshie, C. J.

This action was instituted by the mayor of Boise City for the purpose of securing a decree canceling *405and setting' aside two deeds issued by his predecessor in office to John Lemp, now deceased, conveying to Lemp certain portions and parcels of the townsite of Boise City.

The complaint alleges that the appellant is the duly elected, qualified and acting mayor of Boise City, and as such is the successor in interest as trustee to all the rights conferred under and by virtue of the laws of the United States and the territory and state of Idaho relative to the entry and disposition of government…

2Cases cited7 opinions

  1. City of Denver v. KentSupreme Court of Colorado · 1871
  2. Clark v. TitusArizona Supreme Court · 1886
  3. Martin v. HoffArizona Supreme Court · 1901
  4. Scully v. SquierIdaho Supreme Court · 1907
  5. Newhouse v. SiminoWashington Supreme Court · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Robinson v. LempIdaho Supreme Court · 1916

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