M. & I. Timber Company v. Hope Silver-Lead

Plaintiff-respondent (cross-appellant), hereinafter referred to as the plaintiff, brought this action to quiet title to the timber on certain land situate in Bonner County, Idaho, admittedly owned in all other respects by defendant-appellant (cross-respondent), hereinafter referred to as the defendant. Defendant, by its answer, denied plaintiff's alleged ownership of the timber, and counter-claimed for the value of timber which plaintiff harvested from the lands during 1962. After the pleadings had been filed and both parties had moved for summary judgment, counsel stipulated that the case be decided as a matter of law solely on the pleadings, a set of stipulated facts, exhibits attached to plaintiff's motion for summary judgment, and the deposition of Donald J. Diehl, plaintiff's vice-president. The trial court denied the motions of both parties for summary judgment. It thereupon entered findings of fact and Conclusions of law, followed by its judgment and decree quieting title in plaintiff to all the standing timber on the land ""including the right and privilege of removing the same at any time in perpetuity,"" but adjudging defendant to be the owner of the balance of the estate in the lands involved; and adjudging that plaintiff be required to tender into court for defendant's use and benefit the amount of money, with interest which defendant had paid as taxes by reason of assessed valuation of the timber on the lands. Defendant appealed and plaintiff cross-appealed from the judgment.