Bingham County Agricultural Ass'n v. Rogers

Citations

• 7 Idaho 63
• 59 P. 931
• 1900 Ida. LEXIS 5

Syllabus

<p>New Trial — Order Granting. — On an appeal from an order of the district court granting a new trial, where the record shows manifest error, the order will be affirmed.</p> <p>Improvements on Public Land — Removal of. — Where a person has entered on public land in good faith, under what he believes to be a valid entry, and has made valuable improvements thereon, he is entitled, upon his entry being defeated, to remove such improvements, upon reasonable notice, after the title to the land has been finally determined.</p> <p>Fixture, How Determined. — In determining whether a thing is a fixture or not, the relation of the parties must be considered. Held, in this case, that the fence inclosing the land placed there by plaintiffs was not a fixture which the plaintiffs was prohibited, from removing.</p> <p>(Syllabus by the court.)</p>