McGILL v. LESTER

No. 14686.

700 P.2d 964 (1985)

108 Idaho 561

Earl F. McGILL, Plaintiff-Respondent, v. Elmer LESTER and Jane Doe Lester, husband and wife; John Hibnes, Sr. and Jane Doe Hibnes, husband and wife; and John Hibnes, Jr. and Jane Doe Hibnes, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Rehearing Denied June 25, 1985.


Attorney(s) appearing for the Case

Steve Adamson and Henry McQuade (argued), Adamson, Young & McQuade, Nampa, for defendants-appellants.

Merlyn Clark (argued) and Linda L. Holdeman (Hawley, Troxell, Ennis & Hawley), Boise, for plaintiff-respondent.


BURNETT, Judge.

We are asked to decide whether an "option" to purchase real property should be treated, under the circumstances presented here, as a lien rather than as a contract of conveyance. This question arises from a dispute among several would-be purchasers of the subject property. The trial judge resolved the dispute against those who claimed under the "option," holding that they had acquired nothing more than a lien to secure a debt. For reasons explained...

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