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CALL v. MARLER

No. 9531.

403 P.2d 588 (1965)

J. Hyrum CALL, Elizabeth H. Call, as cotrustees, W. W. Dillard and Essie Dillard, Husband and Wife, Plaintiffs and Counter Defendants-Respondents, v. Virgil A. MARLER and Alice Marler, Husband and Wife, Defendants and Counter Claimants-Appellants.

Supreme Court of Idaho.

June 25, 1965.

Attorney(s) appearing for the Case

R. M. Whittier and L. Kim McDonald, Pocatello, for appellants.

Jones, Pomeroy & Jones and Racine, Huntley & Olson, Pocatello, for respondents.

KNUDSON, Justice.

Plaintiffs-Respondents, J. Hyrum Call, Elizabeth H. Call, as co-trustees, W. W. Dillard and Essie Dillard, husband and wife, commenced this action seeking a partition or sale of 160 acres of land which they held as tenants in common with defendants-appellants, Virgil H. Marler and Alice Marler, husband and wife. Defendants filed their answer contending the property could not be partitioned, and also by way of counterclaim sought an accounting of...

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