Robinson v. Lemp
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Ed. L. Bryan, Presiding Judge. Suit to. cancel and annul certain deeds. Judgment for defendant. Lemp cannot claim adversely, as he holds the property as trustee. (2 Pomeroy, Eq.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Ed. L. Bryan, Presiding Judge. Suit to. cancel and annul certain deeds. Judgment for defendant. Lemp cannot claim adversely, as he holds the property as trustee. (2 Pomeroy, Eq. Jur., sees. 688, 770, 920.) The plaintiff in this action sues on behalf of the community in its collective capacity, and as such is the trustee of an express trust, and his authority is plain and explicit under sec. 4092, Rev. Codes. (1 Pomeroy, Eq. Jur., secs. 418, 419; vol. 3, see. 1080.) The mayor of Boise City issuing this deed was…
1Opinion of the CourtMorgan, J.
This action has heretofore been before this court upon appeal from a judgment of dismissal entered by reason of the refusal of the plaintiff to further plead after an order was made sustaining a demurrer to the complaint. The judgment was reversed and the cause remanded, with direction to the trial court to overrule the demurrer and to permit the defendant to answer. (Hodges v. Lemp, 24 Ida. 399, 135 Pac. 250.)
The purpose of the action is to procure a decree annulling and canceling two certain deeds, one made by J ames A. Pinney, as mayor of Boise City, and, as such, successor to the *665trust…
2Cases cited5 opinions
- Ames v. City of San DiegoCalifornia Supreme Court · 1894
- Boise City v. WilkinsonIdaho Supreme Court · 1909
- Reuter v. LaweWisconsin Supreme Court · 1896
- City of Davenport v. BoydSupreme Court of Iowa · 1899
- Hodges v. LempIdaho Supreme Court · 1913
3Cited by12 opinions
- Goldman v. QuadratoSupreme Court of Connecticut · 1955
- City of Idaho Falls v. GrimmettIdaho Supreme Court · 1941
- Frost v. GilbertIdaho Supreme Court · 2021
- Hellerud v. HauckIdaho Supreme Court · 1932
- United States v. FentonDistrict Court, D. Idaho · 1939
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