[Download] "Jack Maguire v. Sheldon Yanke" by Supreme Court of Idaho No. 12596 ~ Book PDF Kindle ePub Free
eBook details
- Title: Jack Maguire v. Sheldon Yanke
- Author : Supreme Court of Idaho No. 12596
- Release Date : January 05, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In 1975, Claude Porter leased a tract of property located in Blaine County from McCulloch Properties, Inc. The McCulloch property is situated approximately one and three-quarter miles west of Hailey, Idaho. The property is intersected by the Croy Creek Road which runs in an east-west direction across the property. On June 6, 1975, Porter subleased to the plaintiff-respondent Maguire, some 82 acres located on the south side of Croy Creek Road. The 82 acres were described as hay and alfalfa land, and Maguire used the property for raising hay. The hayland was surrounded by a fence but the fence was in a state of disrepair. Sometime in June 1975, Porter subleased to the defendant-appellant Yanke the property on the north side of Croy Creek Road. This property was pasture land and was also fenced. The lease agreement between Yanke and Porter provided that Yanke would pasture cattle on the land, and Yanke would maintain the fence around the pasture to ensure confinement of his livestock. In June 1975, Yanke moved 130 cows, 130 calves, and 8 bulls into the pasture. The Yanke and Maguire properties were not located in a herd district. Testimony was received that the area had been historically one of enclosed lands. On numerous occasions between mid-July 1975 and August 2, 1975, several of Yanke's cattle broke through the pasture fence and strayed onto Maguire's alfalfa land south of the road. On August 2, 1975, a major breakout of Yanke's cattle occurred, and approximately 137 head of cows and calves entered Maguire's hayfield. At the time, Maguire had baled hay in the field which was substantially damaged by the cattle. Substantial damage was also done to the growing second crop of hay. When Maguire learned of the breakout, Yanke was called and the cattle were promptly removed.
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