KREIENSIECK v. COOK

No. 14791.

701 P.2d 277 (1985)

108 Idaho 657

Celeste Rae KREIENSIECK, Personal Representative of the Estate of Charles R. Kreiensieck, Plaintiff-Respondent, v. Frances L. COOK, Defendant-Appellant.

Court of Appeals of Idaho.

May 28, 1985.


Attorney(s) appearing for the Case

Willis E. Sullivan III, Cantrill, Skinner & Sullivan and J. Charles Hepworth (argued), Hawley, Troxell, Ennis & Hawley, Boise, for defendant-appellant.

Terry C. Copple, Davison, Copple, Copple & Copple, Boise, for plaintiff-respondent.


BURNETT, Judge.

The question presented is whether a deed should be treated, in the circumstances of this case, as an absolute conveyance or as security for the payment of a debt. The district court held the deed to be a security instrument and directed the purported grantee, Frances Cook, to reconvey the property to the original owner, Charles Kreiensieck, now deceased. Mrs. Cook has appealed, raising two issues. First, she argues that the district court erred in...

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