Hole v. Van Duzer

Citations

• 11 Idaho 79
• 81 P. 109
• 1905 Ida. LEXIS 37

Syllabus

<p>Bill of Exceptions — Specifications of Eeror — Motion to Strike— Equitable Relief.</p> <p>1. Under the provisions of section 4428, Revised Statutes, a bill of exceptions is not required to contain a specification of errors relied on unless the exception is to the verdict or decision upon the ground of the insufficiency of the evidence to sustain it. In that ease the bill of exceptions must specify the particulars in which the evidence is not sufficient, and if it does not, a motion to strike will be sustained.</p> <p>2. Where the plaintiff asks for equitable relief in the way of clearing his title from a tax sale, certificate and deed, and by his complaint shows that defendants have paid the tax upon the land in controversy and received his deed from the eounty, and. further by his complaint tenders the money into court to reimburse defendant for all payments with statutory interest, equity will not decree him a clear title until he has reimbursed the defendants.</p> <p>(Syllabus by the court.)</p>