Tomsche v. Hummel

• Decision Date: 04 April 1910
• Citation: Tomsche v. Hummel, 18 Idaho 23, 108 P. 343 (Idaho 1910)
• Parties: EMIL TOMSCHE, Appellant, v. MARY HUMMEL, Respondent
• Court: Idaho Supreme Court

108 P. 343

18 Idaho 23

EMIL TOMSCHE, Appellant, v. MARY HUMMEL, Respondent

Supreme Court of Idaho

April 4, 1910

REAL ESTATE-QUIETING TITLE TO-CONFLICT IN EVIDENCE.

(Syllabus by the court.)

1. Evidence held sufficient to support the findings made by the court.

2. Where there is a substantial conflict in the evidence, the decision of the trial court will not be reversed.

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

Action to quiet title to real estate. Judgment for defendant. Affirmed.

Judgment affirmed, with costs in favor of respondent.

James A. Wayne, for Appellant.

Kerns &amp Ryan, for Respondent.

Counsel cite no authorities on points decided.

SULLIVAN C. J. Stewart and Ailshie, JJ., concur.

OPINION

SULLIVAN, C. J.

This suit was commenced by the plaintiff, who is appellant, to quiet the title to lots 7 and 8 in block 8 of Canyon Addition to the city of Wallace, Shoshone county. The defendant answered by denying the allegations of the complaint and by way of cross-complaint sought affirmative relief and prayed to have her title quieted to said lots. The appellant did not answer said cross-complaint and default was entered against him. The action was tried by the court without a jury and findings of fact and conclusions of law were made by the court and judgment entered in favor of the defendant quieting the title to said lots in her. This appeal is from that judgment.

Seven errors are assigned, all to the effect that the findings are not supported by the evidence.

We have carefully examined the evidence and concluded therefrom that the findings are fully sustained by it. On some material points there is a substantial conflict in the evidence, and under the...