Taylor v. Reising
Idaho Supreme Court
APPEAL from the District Court of Fourth Judicial District for Cassia County. Hon. Lyttleton Price, Judge. Action to determine the boundaries and quiet the title to certain real estate. Demurrer to complaint sustained, judgment of dismissal entered. Where a person sells or purchases according to the boundaries specificially pointed out, marked on the ground, he is estopped subsequently to claim other boundaries to the injury of others.
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APPEAL from the District Court of Fourth Judicial District for Cassia County. Hon. Lyttleton Price, Judge. Action to determine the boundaries and quiet the title to certain real estate. Demurrer to complaint sustained, judgment of dismissal entered. Where a person sells or purchases according to the boundaries specificially pointed out, marked on the ground, he is estopped subsequently to claim other boundaries to the injury of others. (5 Cyc. 937; Louks v. Kinniston, 50 Yt. 166; Thompson v. Borg, 90 Minn. 209, 95 N. W. 896; Bolton v. Eggleston, 61 Iowa, 163, 16 N. W. 62; Briscoe v. Puckett…
1Opinion of the CourtSullivan, J.
This is a suit brought to determine the boundaries and quiet title to lot 1, section 7, township 10 south of range 17 east, B. M., situated in Cassia county.
A demurrer was interposed to the amended and substituted complaint, to which we shall hereafter refer as the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, which demurrer was sustained by the court, and the plaintiff having elected to stand on his complaint, judgment was entered dismissing his action, from which judgment this appeal is taken.
The complaint is quite voluminous, and we shall…
2Cases cited7 opinions
- Galbraith v. LunsfordTennessee Supreme Court · 1888
- Hefner v. DowningTexas Supreme Court · 1882
- Spiller v. ScribnerSupreme Court of Vermont · 1863
- Rowell v. WeinemannSupreme Court of Iowa · 1903
- McGee v. StoneCalifornia Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Campbell v. WeisbrodIdaho Supreme Court · 1952
- Mulder v. StandsIdaho Supreme Court · 1950
- Turner v. De PriestSupreme Court of Alabama · 1921
- Schmidt v. WilliamsIdaho Supreme Court · 1921
- Humphrey v. WhitneyIdaho Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.