Boise City v. Wilkinson
Idaho Supreme Court
• APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action in ejectment to recover for the city a portion of Idaho street. Judgment for the defendants. “The dedication of said streets was complete and under such dedication the city, the representative of the public, had the right to take possession of and use them whenever the progress and development of the city should make it necessary to do so.”
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• APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action in ejectment to recover for the city a portion of Idaho street. Judgment for the defendants. “The dedication of said streets was complete and under such dedication the city, the representative of the public, had the right to take possession of and use them whenever the progress and development of the city should make it necessary to do so.” (Boise City v. Mon, 14 Ida. 272, 94 Pae. 167.) In the Hon case it was something over thirty years after the dedication when an attempt was…
1Opinion
ON REHEARING.
AILSHIE, J.
A rehearing was granted in this case for the purpose of enabling the appellants to make argument and present authorities on the question of equitable estoppel. It was contended on reargument that the respondents had not sufficiently pleaded an equitable estoppel to justify the court in applying that principle to this case. Our examination of the answer satisfies us that there is sufficient in the answer to justify and authorize the court in applying this principle to the case at bar. The defendants have pleaded all the facts surrounding the transaction, and also the…
Also in this document: Concurrence.
2Cases cited20 opinions
- Supervisors v. SchenckSupreme Court of the United States · 1867
- Board of Supervisors v. City of LincolnIllinois Supreme Court · 1876
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- Curnen v. . the MayorNew York Court of Appeals · 1880
- Martel v. City of East St. LouisIllinois Supreme Court · 1879
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