FAIRCHILD v. FAIRCHILD

No. 14186.

676 P.2d 722 (1984)

106 Idaho 147

Eldon FAIRCHILD and Rose Fairchild, husband and wife, Plaintiffs-Appellants, v. Alton FAIRCHILD and Lucy Fairchild, husband and wife; Glen Fairchild; George Fairchild and Ethyl Fairchild, husband and wife; Asahel Fairchild and Verla Fairchild, husband and wife; Mildred Gorringe, a single person; Melvin Bates and Mayzel Bates, husband and wife; Hazel Sager and Ray Sager, husband and wife; Brent Fairchild, a single person; John F. Martin and Claudia Martin, husband and wife; Rex Martin and Nadine Martin, husband and wife; Grant Martin, a single person; Alta Birch and Golden Birch, husband and wife; Maxine Adams and Ernest Adams, husband and wife; LaVon Severe and Forrest Severe, husband and wife; Sharon Mulynex and Ron Mulynex, husband and wife; Shirley Gore and Clyde Gore, husband and wife; Harold Dean Fairchild and Maralyn Fairchild, husband and wife; Elaine Schooler, a single person; Lloyd W. Fairchild and Donna Fairchild, husband and wife; George Fairchild, as Personal Representative of the Estate of the Decedents, John H. Fairchild and Louisana Fairchild; and all unknown heirs, assigns and administrators of the Estates of the Decedents Sam Fairchild, Mary Bates, Wayne Fairchild and Bertha Martin, Deceased; and all unknown persons and parties who may have or claim an interest in that certain realty situated in Cassia County, State of Idaho, and more particularly described as follows: The following described tracts of land beginning at the NE corner of the South Half of the South West Quarter (S 1/2 SW 1/4) of Section thirty-three (33) TWN. thirteen (13) South, Range Twenty Three (23) East of the Boise Meridian, Cassia County, Idaho, Thence run West 93 rods, thence South 24 rods, thence East 93, thence North 24 rods to the place of beginning and 5" of 1879 Water and 10" of the 1882 Water of Basin Creek as decreed, Defendants-Respondents.

Court of Appeals of Idaho.

January 31, 1984.


Attorney(s) appearing for the Case

R.M. Whittier of Whittier & Souza, Pocatello, for plaintiffs-appellants.

Herman E. Bedke of Bedke & Whipple, Burley, for defendants-respondents.


WALTERS, Chief Judge.

Eldon and Rose Fairchild appeal from a district court judgment holding that they had not gained title to certain real property by oral conveyance or adverse possession. The court ruled that Eldon and Rose were cotenants with the respondents, Eldon's brothers and sisters and other relatives, who were heirs of Eldon's mother. The dispute concerns thirteen acres of land. On appeal, Eldon argues that several of the court's findings and conclusions...

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