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GEM-VALLEY RANCHES, INC. v. SMALL

No. 9554.

411 P.2d 943 (1966)

GEM-VALLEY RANCHES, INC., a corporation, Plaintiff-Respondent, Cross-Appellant, v. James SMALL and Ruth Small, husband and wife, Defendants-Appellants, Cross-Respondents and Third-Party Plaintiffs, v. SECURITY TITLE INSURANCE CO., a corporation, A. W. Moulton, its President, A. W. Moulton in his individual capacity, and Harold J. Pitkin, Third-Party Defendants.

Supreme Court of Idaho.

March 8, 1966.

Attorney(s) appearing for the Case

William R. Padgett, Boise, for appellants Small.

Moffatt, Thomas, Barrett & Blanton, Boise, for respondent and cross-appellant Gem Valley Ranches, Inc. and third-party defendants Security Title Ins. Co., A. W. Moulton and Harold J. Pitkin.

TAYLOR, Justice.

This action arose out of a series of transactions between defendants (appellants) Small, husband and wife, and one H. B. Gillingham, Sr. The first transaction occurred on or about September 1, 1962, at which time Small borrowed $18,000 from Gillingham and as security gave Gillingham his promissory note and a quitclaim deed to the Helen Beck ranch property, involved in this action. Thereafter, Small borrowed...

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