Burke v. McDonald
Idaho Supreme Court
APPEAL from District Court, Shosbone County. Courts of equity have no jurisdiction to determine the right of possession. They determine the title to real property, but where an action in the nature of ejectment will determine the controversy as to possession, it should be resorted to. (Killian v. Ebbmghaus, 110 U. S. 568, 4 Sup. Ct. Rep. 232.) In the ease of Connecticut Life Ins. Co. v. Lathrop, 111 U. S. 612, 4 Sup. Ct.
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APPEAL from District Court, Shosbone County. Courts of equity have no jurisdiction to determine the right of possession. They determine the title to real property, but where an action in the nature of ejectment will determine the controversy as to possession, it should be resorted to. (Killian v. Ebbmghaus, 110 U. S. 568, 4 Sup. Ct. Rep. 232.) In the ease of Connecticut Life Ins. Co. v. Lathrop, 111 U. S. 612, 4 Sup. Ct. Rep. 533, the court reaffirms the doctrine by it theretofore held in the case of Phoenix Ins. Co. v. Dosier, in 106 U. S. 32, 1 Sup. Ct. Rep. 18, that when a cause finally…
1Dissent
BUCK, J.,
Dissenting. — This case comes up on an appeal from the judgment, and the record properly before the court consists, under section 653 of the Code of Civil Procedure, of a copy of the notice of appeal, of the judgment-roll, and bill of exceptions. There are in the transcript papers and documents not properly a part of the record, and, under the decision in Graham, v. Linchan, 1 Idaho, 780, such documents, improperly inserted in the transcript, cannot be considered. Looking' into the record, it appears that this case came on regularly for trial upon the issues therein on the…
2Cases cited15 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Curtis v. SutterCalifornia Supreme Court · 1860
- Landers v. BoltonCalifornia Supreme Court · 1864
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
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