Udelavitz v. Ketchen
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action of ejectment. Judgment for plaintiff. An action of ejectment will not lie to recover a strip of ' land embraced in the description contained in a deed, but not intended to be conveyed. (Butler v. Barnes, 60 Conn. 170, 21 Atl. 419, 12 L. R. A. 273.) No relief Can be afforded which is not founded on the pleadings. (Davis ^v. Pacific Tel. etc.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action of ejectment. Judgment for plaintiff. An action of ejectment will not lie to recover a strip of ' land embraced in the description contained in a deed, but not intended to be conveyed. (Butler v. Barnes, 60 Conn. 170, 21 Atl. 419, 12 L. R. A. 273.) No relief Can be afforded which is not founded on the pleadings. (Davis ^v. Pacific Tel. etc. Go., 127 Cal. 312, 57 Pae. 764, 59 Pae. 698; Snoderly v. Bower, 30 Ida. 484, 166 Pae. 265; Comp. Laws, sees. 4184-4188'.) Defendants are bound…
1Opinion of the CourtBudge, J.
On December 23,1912, Lewis. Larson, Sr., now deceased, and Emuline Larson, then his wife, made, executed and delivered to respondent a warranty deed ’purporting to convey all of lot 3 and the northeast half of lot 2 ip block 3 of Eiverside Addition to Boise, as the same is laid out and designated on the official plat of said addition on file in the office of the county recorder of Ada, county. Lot 3 lies on the northerly side of lot 2. Some time prior to the conveyance, a fence had been built supposedly along the northerly boundary of lot 3, but in fact along a line five feet three inches…
2Cases cited13 opinions
- De Arguello v. BoursCalifornia Supreme Court · 1885
- Mills v. FletcherCalifornia Supreme Court · 1893
- Wood v. PattersonHigh Court of Chancery of Maryland · 1850
- Houser v. AustinIdaho Supreme Court · 1886
- Hoppough v. . StrubleNew York Court of Appeals · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Paurley v. HarrisIdaho Supreme Court · 1954
- Paurley v. HarrisIdaho Supreme Court · 1956
- Metropolitan Life Insurance v. McClellandIdaho Supreme Court · 1936
- Collins v. ParkinsonIdaho Supreme Court · 1978
- Ehlinger v. Washburn-Wilson Seed Co.Idaho Supreme Court · 1931
6 more not listed; retrieve them via the Exa API.