Home/Idaho Supreme Court/Hogan v. Blakney

Hogan v. Blakney

251 P.2d 209, 73 Idaho 274, 1952 Ida. LEXIS 241
Idaho Supreme Court·Decided December 4, 1952·No. 7884·Published·Cited by 40 cases

Opinion

PORTER, Justice.

This case was commenced in the form of an action in ejectment, but was treated and tried by court and counsel as an action to quiet title. Both parties claim title to the land involved. The cause was tried to the court sitting without a jury *276 and resulted in a judgment quieting title to the land in respondent as against appellant. From such judgment, appellant has appealed to this court.

Block'One (1) of Miller’s Amended Addition to Smelterville, Idaho, is triangular in shape and was formerly owned by respondent. Appellant now owns the east 100 feet of the block and respondent owns the west 37.02 feet thereof. The land involved in this action is a small tract lying north of and contiguous to respondent’s land in Block 1 and is described in the complaint as follows:

“Beginning at the Northwest corner of Block One (1) of Miller’s Amended Addition to Smelterville, Idaho, according to the official and recorded plat thereof on record in the office of the County Recorder, Shoshone County, State of Idaho; running thence North 18° 18' West, 12.71 feet to a point; thence North 71° 42' East, 37.02 feet to a point; thence South 18° 18' East, 20.18 feet to a point; thence South 83° 20’ West, 37.82 feet to the place of beginning; subject to an easement in the Washington Water Power Company, a corporation, to erect, maintain and care for an electrical distribution line on and over said above described premises.”

The locale with which we are concerned in this action is shown by the plat of Miller’s Amended Addition to Smelter-ville, Idaho, being Plaintiff’s Exhibit No. 6, copy of which is inserted herein:.

*277

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Hogan v. Blakney, 251 P.2d 209, 73 Idaho 274, 1952 Ida. LEXIS 241 (Idaho 1952).

251 P.2d 209 (Hogan v. Blakney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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