GAGE v. DAVIS

No. 13752.

655 P.2d 942 (1982)

104 Idaho 48

Edward J. GAGE and Betty L. Gage, husband and wife, Plaintiffs-Appellants, Cross-Respondents, v. David Elton DAVIS and Jane Doe Davis, husband and wife; Leonard Hedrick and Carolyn Hedrick, husband and wife, and the unknown heirs, devisees, representatives, transferees, assigns and encumbrances of either or both of them be dead; and Manuel S. Rodriquez and Doris M. Rodriquez, husband and wife; the Unknown Assigns of and Claimants under the above named parties or any of them; and the Unknown Owners and Claimants in and to the property described as: That part of the Northwest Quarter of the Northwest Quarter (NW¼ NW¼) of Section Fifteen (15), Township Fifty-six (56) North, Range Two (2) West, B.M., lying West of U.S. Highway # 95 (as it existed April 20, 1961), LESS the North 557 feet thereof, and LESS the South 284 feet thereof, and less that portion of the Northwest Quarter of the Northwest Quarter (NW¼ NW¼) of said Section Fifteen (15) described as follows: Commencing at an existing iron pipe, said pipe being on the westerly right of way of U.S. Highway No. 95, and 557.00 feet South of the North line of said Section Fifteen (15), said pipe being the true point of beginning, thence south 33 degrees 07' West along said right of way a distance of 452.20 feet, thence North 65 degrees West 88.65 feet; thence North 33 degrees 07' East 407.45 feet to a point 557.00 feet South of the North line of said Section Fifteen (15), thence easterly along a line 557.00 feet South and parallel with said North line of Section Fifteen (15), a distance of 104.82 feet to the true point of beginning, containing 0.867 acres, more or less; RESERVING unto grantors, their heirs, assigns and personal representatives an easement for ingress and egress to other properties belonging to grantors along and over the southerly 10 feet of the above described tract; giving and granting unto grantees, their heirs, assigns and personal representatives a perpetual easement for ingress and egress over, and across grantors' property described as follows: Commencing at the southwest corner of the above tract, thence South 33 degrees 07' West 10 feet, thence North 65 degrees West 88.65 feet, thence North 33 degrees 07' East 10 feet, thence South 65 degrees East 88.65 feet to the point of beginning, Defendants-Respondents, Cross-Appellants.

Court of Appeals of Idaho.

December 21, 1982.


Attorney(s) appearing for the Case

Peter B. Wilson (Wilson & Walter), Bonners Ferry, for plaintiffs-appellants, cross-respondents.

Thomas A. Mitchell, Coeur d'Alene, for defendants-respondents, cross-appellants.


BURNETT, Judge.

This is a quiet title action brought by claimants who assert adverse possession under color of title. The district court held that the claimants had established compliance with each statutory requirement for adverse possession except payment of all taxes on the subject property. A decree was entered quieting title in the record owners of the property.

On appeal we are asked to decide two issues: First, does the record support the trial court...

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