Castelbury v. Harte
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to quiet title to certain laud, in which action an injunction was issued pending the litigation. From the order granting the injunction the appeal was taken.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to quiet title to certain laud, in which action an injunction was issued pending the litigation. From the order granting the injunction the appeal was taken. Courts of equity should hesitate before granting an injunction to restrain trespass, committed under color of title or right; and when the party seeking a preliminary injunction fails to show possession in himself, it should be denied. {Carney v. Hadley, 32 Fla. 344, 37 Am. St. Rep. 101, 14 South. 4, 22 L. R. A. 233;…
1Opinion of the CourtSullivan, J.
This is an action to quiet title to a certain tract of land. The complaint is in the usual form of actions of this character. The plaintiff alleges possession and title in himself, which is denied in the answer of the defendant, and the defendant by cross-complaint alleges possession and title in himself.
The action was commenced on June 13, 1907. It appears from the record that sometime in July, after the action was commenced, the plaintiff went upon the land and commenced cutting sawlogs, and it appears from the record that he cut from ten to twenty thousand feet, board measure, and removed…
2Cases cited2 opinions
- Staples v. RossiIdaho Supreme Court · 1901
- Safford v. FlemmingIdaho Supreme Court · 1907
3Cited by4 opinions
- Wayne v. AlspachIdaho Supreme Court · 1911
- Tiffany v. UhdeMontana Supreme Court · 1950
- Blue Creek Land & Livestock Co. v. Battle Creek Sheep Co.Idaho Supreme Court · 1933
- Gilbert v. ElderIdaho Supreme Court · 1943