Boise City v. Flanagan
Idaho Supreme Court
APPEAL from District Court, Ada County. This being an action in ejectment, the plaintiff must recover on the strength of its own title, and not on the weakness of that of the defendant.. This proposition I take to be fundamental.
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APPEAL from District Court, Ada County. This being an action in ejectment, the plaintiff must recover on the strength of its own title, and not on the weakness of that of the defendant.. This proposition I take to be fundamental. The adjudication of the rights of the parties herein must depend upon the construction which will be placed by this court upon the act of Congress of March 2, 1867, known as the “Townsite Act,” and particularly upon the construction to be given to the following section of said act. (U. S. Bev. Stats., sec. 2387.) Section 2391 of the Kevised Statutes of the United…
1Opinion of the CourtSullivan, C. J.
— This is an action in ejectment brought iby the city of Boise, a municipal corporation, against James Flanagan, as administrator of the estate of James Dunn, deceased, to recover possession of what is claimed to be a part of what is known as “Fort street,” and connecting First and Second streets, in said city. The cause was tried upon an agreed stipulation of facts, and judgment went in favor of the city. This appeal is from the judgment.
*151The errors assigned go to the sufficiency of the evidence to justify the decision and that the decision is against law. The following appears from the…
2Cases cited1 opinion
- Young v. TinerIdaho Supreme Court · 1894
3Cited by1 opinion
- Scully v. SquierIdaho Supreme Court · 1907