Ames v. Howes
Idaho Supreme Court
APPEAL from the District Court of First Judicial District for Bonner County. Hon. W. W. Woods, Judge. Action to recover an interest in certain mining claims. Demurrer to complaint sustained and judgment of dismissal entered. Before a tenant in common can rely on an ouster of bis eotenants, be must claim tbe entire title to tbe land to bimself and must bold an exclusive and adverse possession against every other person.
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APPEAL from the District Court of First Judicial District for Bonner County. Hon. W. W. Woods, Judge. Action to recover an interest in certain mining claims. Demurrer to complaint sustained and judgment of dismissal entered. Before a tenant in common can rely on an ouster of bis eotenants, be must claim tbe entire title to tbe land to bimself and must bold an exclusive and adverse possession against every other person. (Schoonover v. Tyner et al., 72 Kan. 475, 84 Pac. 124; Clark v. Beard, 59 W. Va. 669, 53 S. E. 597; Chapman v. Kullman, 191 Mo. 237, 89 S. W. 924.) Tbe complaint shows that…
1Opinion of the CourtSullivan, J.
This action was commenced by the appellant to recover the title to certain mining claims. The action was brought in Kootenai county prior to the creation of Bonner county out of a portion of Kootenai, and this action was transferred to Bonner county. It appears from the allegations of the amended complaint that the husband of the appellant and the respondent became joint and equal owners of certain- mining claims, they having discovered and located the same in 1897; that on the fourth day of September, 1899, while they were joint and equal owners of said mining claims, a corporation known as…
2Cases cited2 opinions
- Winterburn v. ChambersCalifornia Supreme Court · 1891
- Puckett v. McDanielCourt of Appeals of Texas · 1894
3Cited by4 opinions
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- Chapin v. StewartIdaho Supreme Court · 1951
- Coe v. SloanIdaho Supreme Court · 1909