Citizens Right of Way Co. v. Ayers
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to quiet title. Judgment for plaintiff. The open, notorious and continued possession of the property in question by the appellants for the required period of time, and the payment of taxes by them during such period, was of far greater significance than the payment of taxes by the supposed true owner.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to quiet title. Judgment for plaintiff. The open, notorious and continued possession of the property in question by the appellants for the required period of time, and the payment of taxes by them during such period, was of far greater significance than the payment of taxes by the supposed true owner. (Owsley v. Matson, 156 Cal. 401, 104 Pae. 983; People’s Water Co. v. Lewis, 19 Cal. App. 622, 127 Pac. 506; Illinois Central B. Co. v. Houghton, 126 111. 233, 9 Am. St. 581, 18 N. E.…
1Opinion of the CourtRice, J.
This is an action to quiet title, brought by respondent corporation. The property involved is a strip of land, 100 ft. in width, acquired by respondent’s predecessor for railroad purposes. Joseph F. Ayers, the original defendant in the action, pleaded title by adverse possession. After the appeal was perfected Joseph F. Ayers died, and J. L. Ayers, administrator of his estate, was substituted in this court as appellant.
In 1884, Joseph F. Ayers, by warranty deed, conveyed the strip of land to respondent’s predecessor in interest. Ayers had his entire tract of land inclosed with a good…
2Cases cited2 opinions
- State v. MaguireIdaho Supreme Court · 1917
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