Lalande v. McDonald
Idaho Supreme Court
APPEAL from District Court, Shoshone County.' When a party enters upon land with no higher evidence of title than that which the law presumes from his possession, and distinctly marks out the extent and boundaries of his claim, his actual possession of a part within these boundaries gives him constructive possession of the whole. (2 Esteems Pleading and Practice, sec. 2172; Plume v. Seward, 4 Cal. 94, 60 Am.
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APPEAL from District Court, Shoshone County.' When a party enters upon land with no higher evidence of title than that which the law presumes from his possession, and distinctly marks out the extent and boundaries of his claim, his actual possession of a part within these boundaries gives him constructive possession of the whole. (2 Esteems Pleading and Practice, sec. 2172; Plume v. Seward, 4 Cal. 94, 60 Am. Dee. 699, and note.) Mining ground acquired by entry, under a claim for mining purposes, the bounds being distinctly defined, accompanied by actual occupancy .of a part of the tract, is…
1Opinion of the CourtHays, C. J.
This action was commenced pursuant to the provisions of section 2326 of the Revised Statutes of the United States and the act of March 3, 1881, amendatory thereof, to recover the possession of specific real property. The plaintiffs allege in the complaint, among other things: "1. That they were citizens of the United States,” which was admitted by the defendants. “2. That the plaintiffs now are, and ever since the sixteenth day of August, 1884, have been, through their grantors and predecessors in interest, the owners and entitled to the possession of that certain tract or parcel of mining…
2Cases cited8 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Belk v. MeagherSupreme Court of the United States · 1881
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Jackson v. RobySupreme Court of the United States · 1883
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3Cited by2 opinions
- Spongberg v. First National BankIdaho Supreme Court · 1909
- Cronin v. Bear Creek Gold Mining Co.Idaho Supreme Court · 1893