Brinton v. Steele

Citations

• 25 Idaho 783
• 140 P. 113
• 1914 Ida. LEXIS 32

Syllabus

<p>Mandamus — Binding as to True Boundary Line — Certainty op Boundary Line.</p> <p>1. In a hearing upon an application for a writ of mandate against a district judge to command and direet such judge to enter findings and judgment in accordance with the mandate of the appellate court, tho only question to be considered and passed upon is to determine the meaning and intent of the mandate of the appellate court and ascertain whether or not the decision and judgment of the district judge, or the proposed decision and judgment, are in compliance .with sueh mandate.</p> <p>2. A finding and decree of court in an action to establish a boundary line between adjoining lands and to quiet title, which finds and adjudges that a certain row of poplar trees, which trees are three feet in diameter, constitutes the boundary line between the adjoining properties, and that the boundary line of one of the tracts of land is on the east side of sueh row of trees and the boundary line of the other tract is on the west side of such row of poplar trees, is not sufficiently specific and definite and certain and does not definitely establish such line.</p>