6-401. ACTIONS TO QUIET TITLE. An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse claim, provided that all actions to adjudicate water rights and obtain a decree as to water source, quantity, point […]
6-402. DISCLAIMER OR DEFAULT — COSTS. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff can not recover costs. History: [(6-402) C.C.P. 1881, sec. 477; R.S., R.C., & C.L., sec. 4539; C.S., sec. 6962; I.C.A., […]
6-403. TERMINATION OF PLAINTIFF’S RIGHT. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the […]
6-404. VALUE OF IMPROVEMENTS AS SET-OFF. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of such improvements must be allowed as […]
6-405. ORDER FOR SURVEY AND EXAMINATION. (1) Any person having a bona fide claim to the possession of, title of, or interest in any real property or mining claim, including any ledges thereof, that is, or that he has good reason to believe is, in the possession of another, either by surface or underground holdings […]
6-406. FORM AND SERVICE OF ORDER — RIGHTS UNDER. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement, but if any unnecessary injury be done to […]
6-407. INJURY PENDING FORECLOSURE OR CONVEYANCE AFTER EXECUTION SALE — INJUNCTION. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon, or after a sale on execution before a conveyance. History: [(6-407) C.C.P. 1881, […]
6-408. INJURY PENDING CONVEYANCE AFTER SALE — DAMAGES. When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, or any redemptioner, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession […]
6-409. ALIENATION PENDING SUIT. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action. History: [(6-409) C.C.P. 1881, sec. 485; R.S., R.C., & C.L., sec. 4546; C.S., sec. 6969; I.C.A., sec. 9-409.]
6-410. MINING CUSTOMS ADMISSIBLE IN EVIDENCE. In actions respecting mining claims, proof must be admitted of the customs, usages or regulations established and in force at the bar or diggings embracing such claim, and such customs, usages or regulations, when not in conflict with the laws of this state, must govern the decision of the […]
6-411. QUIET TITLE ACTION — MAINTENANCE AGAINST MORTGAGE BARRED BY STATUTE OF LIMITATIONS. An action may be maintained to quiet title to lands against any mortgage, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho, and which, except for the fact that its collection and enforcement […]
6-412. QUIET TITLE ACTION — MAINTENANCE AGAINST JUDGMENT BARRED BY STATUTE OF LIMITATIONS. An action may be maintained to quiet title to lands against any judgment, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho and which, except for the fact that its collection and enforcement […]
6-413. QUIET TITLE ACTION — DECREE. The party seeking to maintain such action shall be entitled to a decree quieting title to his lands against the lien of any such judgment or mortgage upon proof that the collection and enforcement of such judgment or mortgage is barred by the Statute of Limitations and without the […]
6-414. OCCUPANT OF REAL ESTATE — STAY OF EXECUTION FOR POSSESSION — WHEN AUTHORIZED. Where an occupant of real estate has color of title thereto, and in good faith has made valuable improvements thereon, and is afterwards in a proper action found not to be the owner, no execution shall issue to put the owner […]
6-415. OCCUPANT OF REAL ESTATE — OWNER’S COMPLAINT FOR POSSESSION — CONTENTS — TRIAL. Such complaint must set forth the grounds on which the owner seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or his grantors, and the value of such […]
6-416. OCCUPANT OF REAL ESTATE — DETERMINATION OF RIGHT TO POSSESSION — TENANTS IN COMMON — PARTITION PROCEDURE. The owner in the main action may thereupon pay the value of the improvements determined on trial and take the property, but should he fail to do so after a reasonable time not to exceed one (1) […]
6-417. COLOR OF TITLE — DEFINITION. For definition in this act, a person having color of title shall include (a) a purchaser in good faith at any judicial or tax sale made by the proper person or officer, whether such person or officer has sufficient authority to sell or not, unless such want of authority […]
6-418. OCCUPANT OF REAL ESTATE — OWNER’S RIGHT TO POSSESSION — LIMITATIONS. The owner in the main action is entitled to an execution to put him in possession of his property in accordance with the provisions of this act, but not otherwise. History: [6-418, added 1972, ch. 118, sec. 5, p. 234.]
