Young v. Tiner
Idaho Supreme Court
APPEAL from District Court, Ada County. The testimony for both plaintiff and defendant shows that-plaintiff was a townsite occupant at the time the land was entered as a townsite in the United States land office, by Mayor Priekett on January 13, 1868. If plaintiff, at the time of' the entry, was a townsite occupant, then he had perfect title to the land, not only as a townsite proprietor, but also by virtue of his prior possession.
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APPEAL from District Court, Ada County. The testimony for both plaintiff and defendant shows that-plaintiff was a townsite occupant at the time the land was entered as a townsite in the United States land office, by Mayor Priekett on January 13, 1868. If plaintiff, at the time of' the entry, was a townsite occupant, then he had perfect title to the land, not only as a townsite proprietor, but also by virtue of his prior possession. The first question in the case is, Did the court err in submitting to the jury the question, was-the land in dispute outside of the patented limits of Boise City?…
1Opinion of the CourtSullivan, J.
The appellant (who was the plaintiff in the court below) brought this suit to recover possession of a certain tract of land, containing two and forty one-hundredths acres, situated within the patented townsite of Boise City, claiming to be the owner in fee of said land, and entitled to the possession thereof. The complaint contains the usual allegation required in an action in ejectment. The defendant answered, denying specifically each allegation of the complaint, and avers that he himself is the owner in fee of said premises in the possession, and entitled to the possession thereof, and…
2Cases cited10 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Brumagim v. BradshawCalifornia Supreme Court · 1870
- City of Pueblo v. BuddSupreme Court of Colorado · 1894
- Motherwell v. TaylorIdaho Supreme Court · 1886
- Brown v. HanleyIdaho Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jordan v. JordanIdaho Supreme Court · 1954
- Havlick v. DavidsonIdaho Supreme Court · 1909
- Trull v. Modern Woodmen of AmericaIdaho Supreme Court · 1906
- Spokane Cattle Loan Co. v. Crane Creek Sheep Co.Idaho Supreme Court · 1923
- Stine Lumber & Shingle Co. v. HemenwayIdaho Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.