North Side Canal Co. v. Idaho Farms Co.

HEALY, Circuit Judge.

Appellee has petitioned for a rehearing on the ground that the court failed to notice a controversial point involving appellant’s maintenance lien for 1935.

An Idaho statute (§ 41-1905, Idaho Code) relating to the maintenance liens of canal companies provides that such lien does not bind the land for a longer period than two' years “unless proceedings be commenced in a proper court within that time to enforce such lien.”

Appellee sought to quiet its title as against appellant’s claimed maintenance liens, asserting that 'the latter were invalid, for reasons noted in o.ur…