CAPPS v. WOOD

No. 15910.

718 P.2d 1216 (1986)

110 Idaho 778

Alonzo v. CAPPS and Nona Lee Capps, husband and wife, Plaintiffs-Appellants, v. Robert D. WOOD and William J. Smith, duly appointed and acting personal representatives of the estate of Thomas B. Burton, deceased; and Frank Davison, attorney of record of the estate of Thomas B. Burton, deceased; and Frank C. Shirts, Jr., a single man; and Robert A. Shirts, a single man, Defendants-Respondents.

Supreme Court of Idaho.

April 28, 1986.


Attorney(s) appearing for the Case

Michael B. Sweet, Weiser, for plaintiffs-appellants.

Ira T. Burton, of Burton & Kroll, Weiser, for defendants-respondents.


BAKES, Justice.

Plaintiffs sought to quiet title in their name to a parcel of land in Washington County, Idaho. When, after trial, the district court entered judgment in favor of defendants, plaintiffs appealed. We now reverse.

The ownership of an 11.4 acre parcel lying southeast of the Weiser River in Section 2, Township 14N, Range 3 W.B.M., in Washington County, Idaho, is in dispute in this case. In order to understand how the dispute arose, it is necessary...

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