Callahan v. Price
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for the County of Lemhi. Hon. J. M. Stevens, Judge. Action to quiet title. Judgment of nonsuit for defendant.
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APPEAL from the District Court of the Sixth Judicial District for the County of Lemhi. Hon. J. M. Stevens, Judge. Action to quiet title. Judgment of nonsuit for defendant. The defendant on motion for nonsuit must admit all the facts which the evidence tends to prove; and in determining the propriety of a nonsuit at the close of plaintiff’s case, the evidence most favorable to the plaintiff must be accepted as true; for the motion of nonsuit admits the truth of plaintiff’s evidence and every inference of fact that can be legitimately drawn therefrom. (McDaniel v. Moore, 19 Ida. 43, 112 Pac.…
1Opinion of the CourtBudge, J.
This action was brought in the district court of the sixth judicial district, for Lemhi county, to quiet title to the following described lands, situate, and being in Lemhi county, to wit: All the upper portion of that certain island lying and being in the Salmon river just opposite lot 14, of *748section 6, and lot 1 of section 7, township 21 N., range 22 E., Boise meridian.
The appellant claims title to the upper portion of said island by virtue of a patent from the United States to Sylvester McCain and to the lower portion of the island by virtue of a deed from Thomas Elder, probate judge of…
2Cases cited15 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- County of St. Clair v. LovingstonSupreme Court of the United States · 1874
- Scott v. LattigSupreme Court of the United States · 1913
- Horne v. SmithSupreme Court of the United States · 1895
- Niles v. Cedar Point ClubSupreme Court of the United States · 1899
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3Cited by25 opinions
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- Driesbach v. LynchIdaho Supreme Court · 1951
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