Green v. Christie

Citations

• 4 Idaho 438
• 40 P. 54
• 1895 Ida. LEXIS 34

Syllabus

<p>Judgment op Court op Limited Jurisdiction. — Where it is shown that a court of limited jurisdiction has obtained jurisdiction of the person by proper service of summons, the judgment rendered will not be held void for the reason that the record fails to show that a continuance was had for two days and not noted in the ' docket of the probate judge.</p> <p>Title to Land. — Held, under the evidence, that the plaintiff had neither the legal nor equitable title to the land in controversy.</p> <p>Adverse Possession — What must be Shown to Establish. — Adverse possession of land cannot be considered established under any of the provisions of the code, unless it shall be shown that the land has been occupied and claimed for the period of five years .continuously, and the party or persons, their predecessors and •grantors have paid all the taxes, state, county, or municipal, which have been levied and assessed upon such land according to law.</p> <p>No Evidence to Support Claim: — What Nisi Prius Court Should Do. — There being not a scintilla of evidence supporting plaintiff’s claim, the cause should have been taken from the jury and judgment entered for the defendant.</p> <p>(Syllabus by the court.)</p>