Greathouse v. Heed

• Decision Date: 01 January 1873
• Parties: George Greathouse, Respondent, v. Albert Heed And Mary Heed, Appellants.
• Court: Idaho Supreme Court

1 Idaho 482

George Greathouse, Respondent, v. Albert Heed And Mary Heed, Appellants.

Supreme Court of Idaho

January 1, 1873

DEMURRER-COMPLAINT - PLEADINGS.-The objection that a complaint does not state facts sufficient to constitute a cause of action is never waived.

TOWNSITE-MAYOR'S DEED.-An applicant for a mayor's deed, for lots in a townsite, entered under the act of Congress, must set forth in his application all the facts necessary to entitle him to such deed, as required by the territorial law.

APPEAL from the Second Judicial District, Ada County.

J Brumback, for the Appellants. Prickett & Hasbrouck, for the Respondent.

NOGGLE C. J.,

delivered the opinion.

WHITSON and HOLLISTER, JJ., concurred.

This is an action prosecuted by the plaintiff in the nature of a suit in equity to quiet the title to the premises referred to in the complaint. The plaintiff in the court below obtained a decree, he claims, that this action is prosecuted under the statute of this territory, known as an act entitled an act to provide for the disposal of land in Boise City, Ada county Idaho territory, pursuant to the several acts of Congress in such cases made

and provided, on page 29 of the sixth session laws, approved January 6, 1871.

Section 2 of said act, speaking of Boise City, enacts as follows, to wit: "The occupants of said townsite may at any time within sixty days after the time of filing such plat, and the publication of the notice aforesaid, make their respective applications for title to such portion of said townsite as is claimed by them, which applications shall be in writing, and shall set forth that such claimant is an occupant of said townsite, and of the lot or lots, block or portion claimed by him or her, and shall specify in what such occupancy consists, which shall be either actual residence thereon or some permanent improvements on some portion of the lot or block claimed, and shall particularly designate and describe such lots, blocks, and improvements; and said application shall in all cases be verified by the oath of the applicant, or by some person on his or her behalf, in the manner prescribed for the verification of pleadings in civil actions, in courts of justice in this territory; provided, that no claim shall be received which does not conform to the requirements of this act," etc. It is particularly provided in the aforesaid act that no claim shall be received which shall not conform to the requirements of this act.

By the sixth section of said law any party claiming a deed of the mayor...