...any one of these essential facts were proven by plaintiffs. Section 4538, Rev. St. Idaho, provides that "an action may be brought by any person against...the purpose of determining such adverse claim." We do not understand that this statute does away with the action of ejectment, and the plaintiffs having...

...632. It was apparently framed under section 738 of the California Code of Civil Procedure, providing that " an action may be brought by any person against...for the purpose of determining such adverse claim." This statute enlarged the ancient jurisdiction of courts of equity in respect of suits to quiet title,...

...of parties to the mining claim in dispute." Section 476 of our Code provides that "an action maybe brought by any person against another who claims an...adverse to him, for the purpose of determining such ad verse claim." Under such provision of the Code, action may be brought by one in possession. This...

...то MAINTAIN ACTION — AGAINST ACTUAL ADVERSE POSSESSION. Code Civil Proc. Cal. § 738, provides that "an action may be brought by any person against...estate or interest in real property adverse to him. " Held, that under this sectu>_ an action to quiet title can be maintained, though defendant is in...

...Civil Proc. Gal. § 738, which provides that "an action may be brought by any person against auother, who claims an estate or interest in real property...for the purpose of determining such adverse claim," cannot be brought upon an equitable interest against the holder of the legal title. In bank. Commissioners'...

...a wife or child. Under the provisions of our statute (section 4538, Rev. Codes), "an action may be claims an estate or Interest In real property adverse...for the purpose of determining such adverse claim." In Coleman v. Jaggers, 12 Idaho, 125, 85 Рас. 894, 118 Am. St. Rep. 207, this court said : "The...

...amended by striking out the requirement of the plaintiffs possession, so as to read as follows : " An action may be brought by any person against another who claims an estate or interest in said real property adverse to him, for the purpose of determining such adverse claim." The manifest...

...tho action an equity caso, under Cal.) HEALD с. Н END Y. 67 Code Civil Proc. Cal. « 738, providing that an action may be brought by any person against another who claims an interest or estate in real property adverso to him, for the purpose of determining such adverse claim....

...the form of judgment to be entered. Section 738 of the Code of Civil Procedure allows an action to be brought by any person against another who claims an estate or interest adverse to him. Its language is very broad. If the plaintiff is out and the defendant is in possession,...

...have successfully resisted; but It was nevertheless a claim, and under section 738, Code Civ. Proc., an action may be brought by any person against another who claims an Interest in real property adverse to him. The claim of the city was to the flow In a water course....