PRUDENTE v. NECHANICKY

No. 8997.

367 P.2d 568 (1961)

James A. PRUDENTE and Charlotte Prudente, Plaintiffs-Respondents, v. Theodore NECHANICKY, also known as Ted Nechanicky, and Clara Nechanicky, his wife, Defendants-Appellants, J. P. Nelson and Jane Doe Nelson, his wife, whose true Christian name is not known, and any unknown heirs, devisees, legatees, successors or assigns of said J. P. Nelson and Jane Doe Nelson; Loren E. Forsberg and Jane Doe Forsberg, his wife, whose true Christian name is not known, and any unknown persons claiming or to claim as heirs, devisees, legatees, successors or assigns of said persons; Theodore Nechanicky, also known as Ted Nechanicky, and Clara Nechanicky, his wife, and all of the unknown heirs, assigns, and devisees of each and all of the above-named individuals, and all persons claiming or to claim under said persons, and all persons interested or claiming any right, title, interest, lien or estate in and to the following described real property, situate in Benewah County, Idaho: Lots Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-three (23), Twenty-four (24) and Twenty-five (25), Central Addition to the City of St. Maries, Benewah County, Idaho, or claiming any equity or interest or title in any portion of said property or buildings situate thereon, Other Defendants.

Supreme Court of Idaho.

December 28, 1961.


Attorney(s) appearing for the Case

Wm. D. Keeton, Boise, for appellants.

Richard L. McFadden, St. Maries, for respondents.


SMITH, Chief Justice.

The record variously designates a certain structure as a boathouse, floathouse or houseboat. Except where otherwise indicated we shall refer to it as a houseboat.

Respondents brought this action to quiet title to Lots 20 to 25, inclusive, in Central Addition to the City of St. Maries, alleging that they hold title thereto by virtue of a Benewah County tax deed executed and delivered April 20, 1959, but that appellants claim an interest...

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