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FAIRCHILD v. WIGGINS

No. 9109.

380 P.2d 6 (1963)

B. R. FAIRCHILD, Plaintiff-Appellant, v. Earl WIGGINS and Alice M. Wiggins, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

March 21, 1963.

Attorney(s) appearing for the Case

Donart & Donart, Weiser, for appellant.

Ryan & Speropulos, Weiser, for respondents.

McFADDEN, Justice.

Appellant Fairchild filed this action for declaratory relief to adjudge he was the owner of certain timber growing on lands of respondents Wiggins and wife, or in the alternative for damages for respondents' refusal to allow him to cut the timber. His claim is based on a bill of sale executed and delivered to him, by respondent Earl Wiggins, which bill of sale was not signed or acknowledged by Mrs. Wiggins. Respondents moved for dismissal of the...

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