Payette County ID Archives Court.....Harrington, "et Al" 1903
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File contributed for use in USGenWeb Archives by:
Patty Theurer seymour784@yahoo.com August 26, 2005, 6:20 pm

Source: Payette County Courthouse, Payette, Idaho
Written: 1903
Recorded: December 2, 1903

Judgments
Payette county, Idaho
Book A
Page 48

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN 
AND FOR THE COUNTY OF CANYON.

James W Harrington
Plaintiff
vs
James Tharp, Ambrose Emery Edward Emery George Emery Charles W Emery Angeline 
Darling, the unknown heirs of Abbie Pierce, deceased and the Unknown heirs of 
Rufus Emery deceased.
Defendants )  DECREE

Coming on to be heard this cause, and it appearing to the Court that the 
defendants have been duly summoned in this cause, more than forty days next 
before this date and the default of the defendants having been duly entered 
herein, they having failed to answer, demur or plead to the complaint or 
plaintiff in this cause and the plaintiff appearing in his own proper person 
and by Ira E Barber and Charles B Coxe, his attorneys herein, and the Court 
having seen and understood the pleadings in this cause and having heard the 
evidence herein by plaintiff adduced doth from the evidence find:

That the plaintiff entered into actual possession of the lands in his complaint 
described, and the whole thereof, to-wit:  The East one-half (1/2) of the North 
east Quarter (1/4) Section fourteen (14) Township Eight (8) North Range five 
(5) of Boise Meridian on or about the -------day of ------- the year 1894, 
claiming the same, in his own right and that the said plaintiff has, ever since 
the date last aforesaid, occupied, used and cultivated the said land and the 
whole thereof and has at all of said times kept the same surrounded by a 
substantial enclosure, using and claiming the same in his own right, from said 
date to this time, and has paid all taxes whatsoever there against levied and 
assessed during said time and has during all of said time held, claimed and 
occupied the same adversely to all the world and especially as against these 
defendants. 

That neither one of all the defendants mentioned in said complaint, nor any 
grantor or predecessor of said defendants nor any one of them has been in 
possession of any part of the said premises since the ----- day of the year 
1894, and that the plaintiff first entered upon said premises  and into 
possession thereof justly and lawfully, and not as a tresspasser as against the 
rights of any, or either of said defendants, or those under or through whom 
they claim.

That all the allegations in plaintiffs complaint contained are true.

That the plaintiff is the owner in fee simple and is entitled to the possession 
of the whole of said lands as against the defendants, all and severally, and as 
against all persons claiming, or to claim the same under, the said defendants 
or any one of them, and that neither one of said defendants has any right, 
title, interest or estate in or to said lands, or any part thereof.

Wherefore it is by the Court ordered, considered, adjudged and decreed that 
plaintiff have judgment as prayed for in his Complaint, against the defendants 
and each of them; that all adverse claims of the defendants and each of them in 
and to said lands or any part there of and all adverse claims in and to said 
lands of any persons claiming or to claim the same through or under said 
defendants, or either or any one of them are hereby adjudged and decreed to be 
invalid and groundless and that the plaintiff be and he hereby is adjudged and 
decreed to be the true and lawful owner of said lands and the whole thereof and 
that his title thereto be and the same hereby is forever quieted against all 
claims demands or pretensions of the defendants, or either of them, who are 
hereby perpetually estopped from setting up any claim thereto or to any part 
thereof.  

Dated this 2” day of December, 1903
Geo H Stewart
Judge

Filed Dec. 2nd 1903
John A Tucker
Clerk

C of C Bk 2 Pl 32 Judgments

Additional Comments:
Tharp
Emery
Darling
Pierce

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