Urquide v. Flanagan
Idaho Supreme Court
APPEAL from District Court, Ada County. Our Kevised Statutes, section 4036 et seq., prescribe the time and the circumstances under which a claim of adverse possession to realty can be maintained; and is in accordance, except as to the matter of time, with the practice and statutes of most of the other states of the Union, and a literal copy of chapter 2, title 2 of the California Code of Civil Procedure.
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APPEAL from District Court, Ada County. Our Kevised Statutes, section 4036 et seq., prescribe the time and the circumstances under which a claim of adverse possession to realty can be maintained; and is in accordance, except as to the matter of time, with the practice and statutes of most of the other states of the Union, and a literal copy of chapter 2, title 2 of the California Code of Civil Procedure. The supreme court of that state has held that an adverse possession within the time prescribed by the statute of limitations will ripen into a title whether such possession is or is not…
1Opinion of the CourtSullivan, J.
This suit was brought to quiet title to a triangular piece of land situated in block 29, Boise City. The complaint alleges that the plaintiff is owner in fee and also has had actual possession of the land in controversy adverse to defendants, for more than five years prior to the commencement of this action. It appears from the record that the defendant Flanagan conveyed to the plaintiff, who is the appellant here, by deed dated July 25, 1882, all of lots 4 and 5, block 29, Boise City, lying north of the ditch of Boise Valley Ditch Company. Also, a deed from said Flanagan to the appellant,…
2Cited by9 opinions
- Bayhouse v. UrquidesIdaho Supreme Court · 1909
- Hogan v. BlakneyIdaho Supreme Court · 1952
- White v. BoydstunIdaho Supreme Court · 1967
- Mulder v. StandsIdaho Supreme Court · 1950
- Utah Copper Co. v. ChandlerUtah Supreme Court · 1914
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