(Download) "Leasefirst v. Burns" by Boise, December 1997 Term. Supreme Court of Idaho " Book PDF Kindle ePub Free
eBook details
- Title: Leasefirst v. Burns
- Author : Boise, December 1997 Term. Supreme Court of Idaho
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appellant, Laura Virginia Holland, filed her complaint in equity in the circuit court of Logan County on December 7, 1953, seeking to establish her title to approximately 190 acres of farm lands located in that county. The relief prayed was that appellees be compelled to surrender into court a certain deed dated June 28, 1926, by which the premises in question were allegedly conveyed to appellants mother and the children of her body; that title to the land be quieted and confirmed in appellant; that a certain deed dated March 18, 1933, by which the same lands were conveyed to appellees, Lucille Richards, Florence Page 572 Richards Graham and Gertrude Richards Honaker, be surrendered into court, held to be void and set side as a cloud on appellants title, and that appellees account for rents and profits allegedly received. Appellees filed a motion to dismiss, the principal ground being that the complaint showed on its face that appellants claim was barred by laches. This motion was allowed and the plaintiff was allowed to amend her complaint. The complaint as amended also asks that appellees be enjoined from trespassing and from interfering with appellants right of possession. The motion to dismiss the complaint as amended failed to assert several of the grounds urged in the earlier motion. The trial court again sustained the motion and appellant, having elected to stand on her amended complaint, a decree was entered dismissing her suit for want of equity. This appeal followed.