Fairview Investment Co. v. Lamberson
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Judgment for plaintiff, and one of the defendants appeals. Where the complaint starts to set up title and fails in any part of the chain of title, the complainant will be bound by what is plead. The allegation that the plaintiff is the owner in fee simple and entitled to the possession of the land as described in the complaint is treated as a conclusion of law.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Judgment for plaintiff, and one of the defendants appeals. Where the complaint starts to set up title and fails in any part of the chain of title, the complainant will be bound by what is plead. The allegation that the plaintiff is the owner in fee simple and entitled to the possession of the land as described in the complaint is treated as a conclusion of law. (Sutherland, Pleading & Practice, sec. 6205; Turner v. White, 73 Cal. 299, 14 Pac. 794; Gruwell v. Seybolt, 82 Cal. 7, 22 Pae.…
1Opinion of the CourtAilshie, C. J.
This action was instituted for the purpose of quieting plaintiff’s title to the tract of land described in the complaint. Judgment was entered in favor of the plaintiff and one of the defendants appeals. The lands involved in this action are contiguous and form an addition to Boise City.
It appears that on the 10th day of February, 1870, patent issued from the United States to Nicholas Lamberson for 120 acres of land, and that the tract of land involved in this action is a part of that tract. Nicholas Lamberson and wife had the following children: Jay G. Lamberson, Charles G. Lamberson, Elbert…
2Cases cited10 opinions
- Continental Trust Co. v. Toledo, St. L. & K. C. R.U.S. Circuit Court for the District of Northern Ohio · 1897
- Shields v. JohnsonIdaho Supreme Court · 1904
- Downing v. Indiana State Board of AgricultureIndiana Supreme Court · 1891
- Whitney v. DeweyIdaho Supreme Court · 1905
- Dillard v. WebbSupreme Court of Alabama · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bach v. BagleyIdaho Supreme Court · 2010
- Anderson v. WhippleIdaho Supreme Court · 1951
- Howard v. Bar Bell Land & Cattle Co.Idaho Supreme Court · 1959
- Loomis v. Union Pacific Railroad CompanyIdaho Supreme Court · 1975
- Morgan v. Independent School District No. 26-JIdaho Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.