No. 12137.

577 P.2d 1153 (1978)

99 Idaho 105

Roger C. THOMAS and Ida L. Thomas, husband and wife, and Paul M. Thomas and Rose C. Thomas, husband and wife, and First National Bank, in Boulder, Co-Executor of the Estate of Edward S. Filler, Deceased, Plaintiffs-Appellants, v. Melvin B. KLEIN and Alta Vilate Klein, husband and wife and Albert T. Brannen and Margaret R. Brannen, husband and wife, and Marie Ann Johnson, a/k/a Marie Hibbard Johnson, a widow, and Edward R. Jackson, a single man, and Florence M. Jackson, a widow, and Maurice V. Klaas and Pearl A. Klaas, husband and wife, and W.A. Freeman and Sylvia Hiller Freeman, husband and wife, and Sylvia Hiller Freeman, a divorced woman, and Jacqueline Hiller, a widow, and John T. Swank and Peggy A. Swank, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

April 17, 1978.

Attorney(s) appearing for the Case

Robert Korb, III, of Kneeland, Laggis, Korb & Collier, Ketchum, Gregory L. Williams of Rothgerber, Appel & Powers, Denver, Colo., for plaintiffs-appellants.

Andrew F. James of James, Hobdey & Varin, Gooding, for respondents John T. and Peggy A. Swank.

James L. Kennedy, Jr., of Walker & Kennedy, Twin Falls, for respondent Jacqueline Hiller.

McFADDEN, Justice.

This appeal involves determining the relative rights of vendors and defaulting vendees under an installment land sale contract. Appellants, successors to the vendors' interests, appeal from a judgment of the Fifth Judicial District Court quieting title to the property in the appellants, but subjecting their interests to restitutionary liens totalling $103,423.80 in favor of respondents, successors to the vendees' interests. Reversed and remanded...


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