Jacobson v. Bunker Hill & Sullivan Mining & Concentrating Co.

Citations

• 3 Idaho 126
• 28 P. 396
• 1891 Ida. LEXIS 29

Syllabus

<p>Ejectment — Community Property — Sufficiency of Complaint-Special Demurrer — Abandonment.</p> <p>Ejectment Against Defendant to Recover Mining Property. — J. brought ejectment against defendant for the recovery of certain mining property, claiming it to be community property of her deceased mother and one K., from whom defendant deraigned title. Complaint alleges the coverture of K. and plaintiff’s mother, and that the property described in the complaint was community property. Defendant objects for the first time in the appellate court that the complaint does not state facts sufficient to constitute a cause of action. Meld, that the allegation in the complaint was sufficient after judgment; that the objection should have been raised in the court below by special demurrer for uncertainty; not having done so it is waived.</p> <p>Mining Property Community Property in Idaho. — Mining property-acquired in this state under the laws of the United States during coverture is community property.</p> <p>Same. — Under the laws of Idaho Territory as they existed in July, 1886, all property acquired by the husband in said territory, during coverture, except such as was acquired by gift, bequest, devise or descent, was community property; and this although the wife may never have been a resident of the territory.</p> <p>Abandonment, Evidence not Sufficient to Establish. — The evidence in this case examined, and held not sufficient to establish abandonment.</p> <p>(Syllabus by the court.)</p>