[DOWNLOAD] "Clarence D. Lisher and Frances Lisher V." by Supreme Court of Idaho No. 10966 # Book PDF Kindle ePub Free
eBook details
- Title: Clarence D. Lisher and Frances Lisher V.
- Author : Supreme Court of Idaho No. 10966
- Release Date : January 06, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an action in which plaintiffs, seeking to quiet title to real estate, appeal from judgment and award of injunctive
relief for defendants. The trial court found that the parties were owners of adjoining properties in Latah County. More than
fifty years ago the boundary was changed by oral agreement of the predecessors, to avoid the inconvenience of a survey line
which bisected respondents' granary. Under terms of that agreement respondents' predecessor acquired one-half acre beyond
the survey line, and relinquished a roughly equivalent parcel elsewhere. A fence approximating the agreed boundary was in
place when respondents began to farm their land as lessees in 1943 and when they purchased it in 1953. They claim that they
were given to understand that the disputed half-acre was included in the sale. Appellants purchased the adjoining land in
1962, cultivating it up to but not beyond the fence. The county assessor, presuming ownership to be delineated by the fence
line, assessed the disputed land and granary, together as realty, to respondents. Appellants were assessed no taxes on the
property in question. Appellants commenced this litigation in 1970, alleging simply that "a dispute has arisen," and requesting the trial court
to order a survey of the properties. That action was dismissed by the district court, on respondents' motion, for failure
to state a claim upon which relief could be granted. The order of dismissal is attacked, without argument or citation of authority,
in appellants' first assignment of error. "Good cause" must be shown before a court exercising equitable powers will order
an inspection of articles or premises subject to litigation.[Footnote 1] Moreover, I.C. § 6-405 authorizes application
for a survey order only if necessary to protect or ascertain a property right.[Footnote 2] Appellants' complaint failed to
allege necessity, and properly was dismissed.