Papesh v. Weber

• Decision Date: 17 June 1915
• Citation: 27 Idaho 557,149 P. 1064
• Parties: W. W. PAPESH and A. E. COWLES, Appellants, v. P. B. WEBER and J. H. WEBER, Respondents
• Court: Idaho Supreme Court

149 P. 1064

27 Idaho 557

W. W. PAPESH and A. E. COWLES, Appellants, v. P. B. WEBER and J. H. WEBER, Respondents

Supreme Court of Idaho

June 17, 1915

REAL ESTATE-ACTION IN EJECTMENT-ADMISSION OF EVIDENCE-FINDINGS-SUFFICIENCY OF EVIDENCE-LAW APPLICABLE TO FACTS.

1. Held, that it was not error for the court to admit in evidence Exhibit No. 2, which was a plat of the land in question prepared by surveyor Trask showing a description of the land in question.

2. The evidence held sufficient to support the finding of facts, and held that the court applied the correct rule of law to such facts in entering judgment in favor of the defendants.

APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge.

Action in ejectment to recover possession of certain real estate. Judgment for defendants. Affirmed.

Judgment affirmed, with costs in favor of respondents.

Walter H. Hanson, for Appellants.

The engineer who made the survey for the defendants admitted that his plat did not conform to the original plat of the tract in question; that he had not tied his survey to any permanent monument or government survey, and that it was otherwise unreliable. Such a survey is not a legal survey and cannot be accepted in court. (Boise Valley Const. Co. v Kroeger, 17 Idaho 384, 105 P. 1070, 28 L. R. A., N. S 968; Bayhouse v. Urquides, 17 Idaho 286, 105 P 1066.)

Franklin Pfirman, for Respondents.

There was a substantial conflict in the evidence, that of appellant being for the most part parol testimony intended to vary the contents of written instruments. A large part of it was irrelevant and inadmissible. On the respondent's part most of the evidence consisted of written muniments of title. On this conflicting evidence the court below found for respondents. Where there is a substantial conflict in the evidence, the findings of the trial court will not be disturbed. This has been so repeatedly held by this court that a citation of authorities is not necessary.

SULLIVAN, C. J. Budge and Morgan, JJ., concur.

OPINION

SULLIVAN, C. J.

This action was brought to quiet title to .065 of an acre of land situated in the city of Kellogg, Shoshone county, and the complaint contained the usual allegations in such an action.

The defendants filed their answer denying the material allegations of the complaint and by way of cross-complaint set up their claim to the title and right to possession of said land and asked to have their title quieted to the same. The cause was tried to the court and finding of facts made and judgment entered in favor of defendants, decreeing them to be the owners in fee simple of said premises and entitled to the...