Idaho Supreme Court September 26, 1912 (Powell v. Powell)

AILSHIE, J.

This controversy was determined on an agreed case submitted to the judge of the lower court. In October, 1902, Perry N. Powell filed a desert entry on 320 acres of land in Canyon county, and after making one year’s improvements and one annual proof on the land, and on or about the 26th of October, 1904, he died intestate, leaving as his heirs at law Clara Powell, his wife, who is one