Pence v. Sweeney

Citations

• 3 Idaho 181
• 28 P. 413
• 1891 Ida. LEXIS 35

Syllabus

<p>Intervener — Pleadings — Conveyance—Mining Claim — Mistake—■ Inadvertence — Proceeds of Sale — Nonsuit.</p> <p>Sufficiency of Complaint in Intervention. — The court below allowed McLelland to intervene. Held, that his complaint in’ intervention sets forth facts sufficient to bring him. within the-requirements of section 4111 of the Revised Statutes of Idaho.</p> <p>Competency of Receipt and Relinquishment as Testimony. — A. receipt and relinquishment signed by the defendants, although made without the knowledge or consent of the attorneys of record, are testimony in favor of plaintiffs, and it is error for the trial! court to refuse to receive the same.</p> <p>An Answer Admitting Allegations of Complaint Evidence fort Plaintiff. — A paper in the form of an answer, verified by the defendants, admitting that the allegations of the complaint are true, and consenting that the plaintiffs are entitled to a judgment as prayed for in the complaint, is a sworn admission of the defendants. The court erred in refusing to admit the same in evidence on behalf of plaintiffs, although said sworn statement was made without the knowledge or consent of defendants’ attorneys of record.</p> <p>Jurisdiction of Court to Determine Rights of Pleadings. — Under the pleadings, the court had jurisdiction to hear and determine the question as to whether a mistake had been made in-the deed of conveyance from Sebring, Ward, and Altizer to Pence- and Starr, and whether the conveyance from Ward to Brown was-a cloud upon plaintiff’s title, and in ease the mine was sold before-the adjudication of said matters and the proceeds of the sale of the interest in dispute deposited in court, the court had jurisdiction under the pleadings to determine the rights of plaintiffs, thereto.</p> <p>(Syllabus by the court.)</p>