Legal Opinion

Boise City v. Hon

Idaho Supreme Court

Decided February 10, 1908PublishedCited by 28 opinions

APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action in ejectment. Judgment for defendant.

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APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action in ejectment. Judgment for defendant. Where a party files a plat of land showing streets and alleys thereon, and sells lots and blocks and parcels of land with reference to said plat, he irrevocably dedicates said streets and alleys for public purposes, and it is not necessary for the city to accept said dedication either expressly or impliedly, nor is it necessary for said city to use said property for street purposes until conditions justify it. (Elliott on Roads and Streets, secs.…

1Opinion of the CourtSullivan, J.

This is an action in ejectment brought by Boise City, a municipal corporation, against Robert Hon ,to oust him from a strip of land which is described by metes and bounds in the complaint, and lies between blocks 1 and 20 in what is known as Arnold’s Addition to Boise City.

The answer puts in issue many of the material allegations of the complaint, and avers that since the 18th day of April, 1905, defendant has been the owner of, and in the possession of, and entitled to the possession of, said premises, and that he and his grantors have been the successive owners of and in the possession,…

2Cases cited21 opinions

  1. City of Corsicana v. ZornTexas Supreme Court · 1904
  2. Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
  3. Carter v. City of PortlandOregon Supreme Court · 1873
  4. Town of San Leandro v. Le BretonCalifornia Supreme Court · 1887
  5. Bartlett v. City of BangorSupreme Judicial Court of Maine · 1878

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

3Cited by28 opinions

  1. State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
  2. Ramstad v. CarrNorth Dakota Supreme Court · 1915
  3. Boise City v. WilkinsonIdaho Supreme Court · 1909
  4. Boise City v. SinselIdaho Supreme Court · 1952
  5. Smylie v. PearsallIdaho Supreme Court · 1969

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

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