Chicago, Milwaukee & St. Paul Railway Co. v. Kootenai County
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action to cancel tax sale certificate and to quiet title. Judgment for plaintiff. This is a suit in equity, and it is not only incumbent upon the plaintiff below to establish the allegations of its Complaint by competent evidence, but it is also its duty to do equity before' it is entitled to any relief. (Northern Pac. By.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action to cancel tax sale certificate and to quiet title. Judgment for plaintiff. This is a suit in equity, and it is not only incumbent upon the plaintiff below to establish the allegations of its Complaint by competent evidence, but it is also its duty to do equity before' it is entitled to any relief. (Northern Pac. By. Co. v. Kootenai County, 19 Ida. 75, 112 Pac. 320.) Land belonging to a railroad company not used as a part of the right of way or roadway, though bought with the…
1Opinion of the CourtRice, J.
This is a suit to cancel a tax sale certificate covering certain property of respondent in the city of Coeur d’Alene. The assessment on which the tax was levied was made by the assessor of Kootenai County. The property is described in the assessment as “all that tract or parcel of land lying south of the tracks of the Idaho & Western Railway Company,” and consisted of about 2.9 acres. The respondent is the successor in interest of the Idaho & Western Railway Company. The land in question was obtained for terminal purposes, and was below the level of the low-*237water mark of Lake Coeur d’Alene,…
2Cases cited9 opinions
- Cahoon v. SegerIdaho Supreme Court · 1917
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Douglas CountyWisconsin Supreme Court · 1915
- Chicago, Milwaukee & St. Paul Railway Co. v. Cass CountyNorth Dakota Supreme Court · 1898
- Chicago & Eastern Illinois Railroad v. People ex rel. SmithIllinois Supreme Court · 1905
- Illinois Central Railroad v. CavinsIllinois Supreme Court · 1909
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3Cited by11 opinions
- Ada County v. BottolfsenIdaho Supreme Court · 1940
- Graves v. BerryIdaho Supreme Court · 1922
- Security Abstract & Title Co. v. LeonardsonIdaho Supreme Court · 1953
- Wabash Railroad v. Order of Railway Conductors of AmericaIllinois Supreme Court · 1949
- Delaware Registration Trust Co. v. Delaware Forge & Steel Co.Court of Chancery of Delaware · 1927
6 more not listed; retrieve them via the Exa API.