M. & I. TIMBER CO. v. Hope Silver-Lead Mines, Inc.

SMITH, Justice.

Plaintiff-respondent (cross-appellant), hereinafter referred to as the plaintiff, brought this action to quiet title to the timber on certain land situate in Bonner County, Idaho, admittedly owned in all other respects by defendant-appellant (cross-respondent), hereinafter referred to as the defendant. Defendant, by its answer, denied plaintiff’s alleged ownership of the timber, and counter-claimed for the value of timber which plaintiff harvested from the lands during 1962. After the pleadings had been filed and both parties had moved for summary judgment, counsel stipulated…