Wilson v. Linder
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Action by plaintiffs to determine the respective interests of several parties to real estate. Judgment for defendant. Plaintiffs appeal.
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APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Action by plaintiffs to determine the respective interests of several parties to real estate. Judgment for defendant. Plaintiffs appeal. The provisions of sec. 4538, Rev. Codes, are very broad, and authorize any person, whether in possession or out of possession, whether holding the legal title or equitable title, to bring his action against another who claims an estate in real property adverse to him, and he may in such action have the adverse claim determined and settled. (Coleman…
1Opinion of the CourtAilshie, J.
This action was commenced for the purpose of determining an adverse claim to certain real property. It is alleged in the complaint that James Wilson died in Ada county in March, 1899, leaving a last will and testament which was thereafter duly admitted to probate; that William E. Wilson, Charlotta Calhoun, Emma Linder, Lizzie Everett, and Jesse Wilson, all of whom are sons and daughters of James Wilson, and Myrtle Goble, a grand-daughter, are named in the will as devisees and legatees of the testator; that, among other things, the will provided as follows: “That my son Jesse shall have the…
2Cases cited20 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Washbon v. . CopeNew York Court of Appeals · 1895
- McNutt v. McCombSupreme Court of Kansas · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Guilford v. GardnerSupreme Court of Iowa · 1917
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- Jones v. BroadbentIdaho Supreme Court · 1912
- Western Loan & Building Co. v. BandelIdaho Supreme Court · 1936
- Wilson v. LinderIdaho Supreme Court · 1912
11 more not listed; retrieve them via the Exa API.