Brown v. Brown
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for tbe County of Ada. Hon. Fremont Wood, Judge. Action to quiet title to real estate.
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APPEAL from tbe District Court of tbe Third Judicial District, for tbe County of Ada. Hon. Fremont Wood, Judge. Action to quiet title to real estate. Judgment for plaintiffs,. The evidence in this case shows that the possession of the plaintiff and her grantors was by agreement and under license and permission of the defendant’s predecessors in interest and grantors, and it matters not whether the same stood on the line forty years or any number of years, the title of plaintiff could not ripen, as against the defendant and his grantors, into a-prescriptive title. (1 Cye. 1030; Jensen v.…
1Opinion of the CourtSullivan, C. J.
This action was brought to quiet tbe title to about 1.81 acres of land situated in Ada county. Tbe complaint is in tbe usual form of one to quiet title, and prays that tbe defendant be required to set forth the nature of bis claim and tbat tbe title be quieted in plaintiffs.
It is alleged in tbe complaint tbat there bad been maintained a division fence between tbe lands of plaintiffs and defendant for thirty 'years, and tbat said division fence was constructed by one Peter Brown, tbe predecessor of plaintiffs, and one G. F. Rhodes, one of tbe predecessors of tbe defendant, and at tbe time it…
2Cases cited1 opinion
- Bayhouse v. UrquidesIdaho Supreme Court · 1909
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- Hogan v. BlakneyIdaho Supreme Court · 1952
- Smith v. SmithIdaho Supreme Court · 1973
- Simmons v. PerkinsIdaho Supreme Court · 1941
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