ROWE v. BURRUP

No. 11176.

518 P.2d 1386 (1974)

95 Idaho 747

William B. ROWE, Plaintiff-Appellant, v. Ross L. BURRUP and Frankie W. Burrup, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

February 19, 1974.


Attorney(s) appearing for the Case

Dean Williams, Kerr & Williams, Blackfoot, for plaintiff-appellant.

Jay H. Stout, Stout & Moss, Blackfoot, for defendants-respondents.


SHEPARD, Chief Justice.

This case involves the conveyance of certain real property and thereafter an action by the grantor seeking to impose a trust, seeking an accounting, asking that the conveyance be treated as a mortgage and that the mortgage be foreclosed, and lastly, damages for forceful entry.

Although a demand for a jury had been made, the case was tried by the court who treated the matter as essentially equitable in nature and attempted in its judgment...

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