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SMYLIE v. PEARSALL

No. 10237.

457 P.2d 427 (1969)

93 Idaho 188

Mabel R. SMYLIE, a widow, Plaintiff-Appellant, v. Oliver R. PEARSALL and Agnes O. Pearsall, his wife; Earl L. Palmer and Gladys Palmer, his wife; the State of Idaho; Bonner County, a Political Subdivision of the State of Idaho; and All of the Unknown Owners of and Unknown Claimants to all or any Part of the Following Described Real Estate Situate in Bonner County, Idaho, to-wit: Lots 6 and 7 of Paradise Point Lake Lots according to the Plat thereof recorded in Book 1 of Plats, Page 179, records of Bonner County, Idaho, together with that part of the banks and shores of Priest Lake, if any, lying Westerly of said lots and between the East-West boundary line on the North side of said Lot 6 as extended West to the original natural or ordinary high water mark of Priest Lake, and the East-West boundary line on the South side of said Lot 7 as extended West to the original natural or ordinary high water mark of Priest Lake, together with all riparian or littoral rights pertaining and belonging thereto, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied August 18, 1969.

Attorney(s) appearing for the Case

Greene & Hunt, Sandpoint, and Witherspoon, Kelley, Davenport & Toole, by E. Glenn Harmon, Spokane, Wash., for appellant.

Everett D. Hofmeister, Sandpoint, and Edmund T. Brigham, Newport, Wash., for appellees.

McQUADE, Justice.

This case was tried before District Judge Cogswell, sitting without a jury. On September 13, 1954, plaintiff Mabel R. Smylie purchased lots 6 and 7 of Paradise Point Lake Lots according to the plat thereof recorded in Bonner County. On June 13, 1958, defendant Pearsall purchased lots 8 and 9 of the Paradise Point Lake Lots according to the same recorded plat. The original common owners of all the lots under...

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