148 P. 470 | Idaho | 1915
— This is an action to recover the possession of a strip of land containing about three and a half acres and for $250 damages for withholding said land from plaintiff, and for $15 damages for rents and profits on said land.
By his answer the defendant denies the material allegations of the complaint, and as a separate defense avers that for more than ten years immediately preceding the commencement of this action the defendant has been in the actual occupation and possession of said premises and had the same inclosed with a substantial fence, and during said time had paid all taxes on said land and had claimed said land
Upon the issues thus made by the pleadings, the ease was tried by the court without a jury and his finding of facts was substantially in accordance with the defenses made by the answer, and, among other things, the court found that the line
Under all of the facts of this case, as shown by the evidence, the plaintiff and his grantor and the defendant had since the year 1889 up to about the time this suit was commenced recognized said line agreed upon in 1889 as the correct line separating their said lands, and about the year 1889 the county commissioners of Idaho county laid out a public highway across said land making said line so' agreed upon the center of said highway. Said highway had been traveled for about twenty-four years. Under these and other facts, we think the plaintiff has slept on his rights too long, if he ever had any rights, to have said line corrected.
The judgment must therefore be affirmed, and it is so ordered, with costs in favor of the respondent.