Hemphill v. Moy
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Minidoka County. Hon. Edward A. Walters, Judge. Action in ejectment for the possession of land. Moy can tack Ms adverse ■ possession to that of his predecessor.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Minidoka County. Hon. Edward A. Walters, Judge. Action in ejectment for the possession of land. Moy can tack Ms adverse ■ possession to that of his predecessor. (1 Cyc. 1006, note 95; Vance v. Wood, 22 Or. 77, 29 Pac. 73.) “In order to create the privity requisite to enable the subsequent occupant to tack to Ms possession that of a prior occupant, it is not necessary that there should be a conveyance in writing. It is sufficient if it be shown that the prior occupant transferred his possession to him even though by parol.”…
1Opinion of the CourtBudge, C. J.
Respondent brought this action, alleging that he was the owner and seised in fee and possessed and entitled to the possession of a certain tract of land in Minidoka county; that appellant, without right or title, entered upon the same thereby excluding respondent from the possession thereof, and prayed for restitution of the premises. Appellant’s answer traversed the allegations of the complaint, and as an affirmative defense set up title in himself, *68with appropriate allegations of adverse possession. The cause was tried to the court, who found the facts in favor of respondent and entered…
2Cases cited23 opinions
- Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
- Redfield v. ParksSupreme Court of the United States · 1889
- Adams v. AlkireWest Virginia Supreme Court · 1882
- Hagan v. EllisSupreme Court of Florida · 1897
- Boe v. ArnoldOregon Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kirk v. SchultzIdaho Supreme Court · 1941
- Christmas v. CowdenNew Mexico Supreme Court · 1940
- State v. SnoderlyIdaho Supreme Court · 1940
- Lovey v. Escambia CountyDistrict Court of Appeal of Florida · 1962
- Neil v. HydeIdaho Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.