Legal Opinion

Schultz v. Keeler

Idaho Supreme Court

Decided March 18, 1889Published

APPEAL from District Court, Shoshone County. The actual possession of another by one who has knowledge of the extent of that possession is such a trespass as will render unlawful any attempt to initiate any such title by such trespass adverse to the title of those in possession. (Attwood v. Fricotj 17 Cal. 43, 76 Am. Dec. 567; English v. Johnson, 17 Cal. 115, 76 Am. Dec. 574; Hess v. Winder, 30 Cal. 355; Golden Fleece etc. Min. Co. v. Cable Consol, etc. Min.

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APPEAL from District Court, Shoshone County. The actual possession of another by one who has knowledge of the extent of that possession is such a trespass as will render unlawful any attempt to initiate any such title by such trespass adverse to the title of those in possession. (Attwood v. Fricotj 17 Cal. 43, 76 Am. Dec. 567; English v. Johnson, 17 Cal. 115, 76 Am. Dec. 574; Hess v. Winder, 30 Cal. 355; Golden Fleece etc. Min. Co. v. Cable Consol, etc. Min. Go., 12 Nev. 322; Belle v. Meagher, 104 U. S. 284.) If three sides of the claim were marked, and the other side was described in the…

1Opinion of the CourtLogan, J.

This action is in the nature of ejectment, brought to recover the possession of certain placer mining ground, situated in Shoshone county. The case was tried before the court with a jury. Yerdict and judgment in favor'of the defendants. The appeal is from the judgment only, but the judgment-roll contains the complaint, answer and bill of exceptions. The complaint alleges that on the eleventh day of June, 1883, the plaintiffs, jointly with one Jesse A. Pritchard, by their attorney, A. J. Pritchard, made a certain mining location in pursuance of the act of Congress of May 10, 1872. The answer…

2Cases cited1 opinion

  1. Schultz v. KeelerIdaho Supreme Court · 1887

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