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CLAUNCH v. WHYTE

No. 7877.

249 P.2d 915 (1952)

CLAUNCH v. WHYTE et al.

Supreme Court of Idaho.

November 6, 1952.

Attorney(s) appearing for the Case

Robert M. Kerr, Jr., Marion J. Callister and J. Blaine Anderson, Blackfoot, for appellant.

Donald R. Good, Blackfoot, for respondents.

TAYLOR, Justice.

Appellant (plaintiff) brought this action to quiet title to an undivided one-half interest in certain real property in Bingham County, Idaho. The respondents (defendants), wife and husband, by cross complaint sought and obtained a decree quieting title in the respondent Phyllis Whyte, based on a quitclaim deed given to her by the plaintiff.

The question presented is as to whether or not the deed was delivered by the grantor

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