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LEGG v. BARINAGA

No. 10079.

440 P.2d 345 (1968)

92 Idaho 225

P.A. LEGG and Nellie L. Legg, husband and wife, Plaintiffs, v. John A. BARINAGA and Helen Barinaga, a partnership dba Weiser Sheep Company and Robert Smylie, Allan Shepard, Joe R. Williams, Louis E. Clapp, D.F. Engelking, State Board of Land Commissioners of the State of Idaho, and O.J. Buxton, State Land Commissioner, Defendants. John A. BARINAGA and Helen Barinaga, a partnership dba Weiser Sheep Company, Counterclaimants-Respondents, v. P.A. LEGG and Nellie L. Legg, husband and wife, and P.A. Legg and Alvin Legg, copartners, Counterdefendants-Appellants.

Supreme Court of Idaho.

May 6, 1968.

Attorney(s) appearing for the Case

Smith, Miller & Weston, Caldwell, for appellants.

Hicks & Kennedy, Mountain Home, for respondents.

SMITH, Chief Justice.

Plaintiffs, as lessees of state land, originally brought this action against defendants, seeking to test the constitutionality of I.C. § 58-313, which permits a lessee of state land to hold the land after sale for a period of two years, from December 1st "next occurring after the date of sale." Defendants answered generally, alleging the constitutionality of the statute. Such portion of the action was resolved by a summary judgment granted...

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