HOGAN v. OTTER

No. 8220.

285 P.2d 487 (1955)

M. F. HOGAN (also known and referred to as Mike Hogan) and Alma Hogan, husband and wife, Plaintiffs-Appellants, v. Joseph OTTER and Jane Doe Otter, his wife, et al., Defendants, and The Village of Smelterville, a municipal corporation, Defendant-Respondent.

Supreme Court of Idaho.

June 28, 1955.


Attorney(s) appearing for the Case

Whitla & Knudson, Coeur d'Alene, for appellants.

James G. Towles, Kellogg, for respondent.


TAYLOR, Chief Justice.

Plaintiffs (appellants) brought this action to quiet title against a number of defendants. The respondent, Village of Smelterville, the only defendant appearing, alleged its title to a portion of the property under and by virtue of a dedication thereof as a public street. In 1906, the common predecessor of both parties granted to the Washington Water Power Company a right of way easement over a strip 100 feet wide. In Hogan v. Blakney, 73 Idaho...

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