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CONDOS v. TRAPP

No. 84-62.

739 P.2d 749 (1987)

Ronald A. CONDOS and Arlys K. Condos, Appellants (Plaintiffs and Counter-Defendants), v. William Ernest TRAPP and Deborah Gaye Trapp, Appellees (Defendants, Counter-Plaintiffs, and Third-Party Plaintiffs), v. Paul A. GRANGER and Rosalind J. Granger, husband and wife, John D. Lettz and Bonnie Lettz, husband and wife, Jerry A. Wilson and Susan J. Wilson, husband and wife, Waldo A. Ballhorn and Lavonne M. Ballhorn, husband and wife (Third-Party Defendants).

Supreme Court of Wyoming.

June 30, 1987.

Attorney(s) appearing for the Case

Robert W. Brown of Lonabaugh & Riggs, Sheridan, for appellants.

Robert W. Koester, Sheridan, for appellees.

Michael K. Shoumaker, Sheridan, for third-party defendants Lettzes and Wilsons; submitted on original brief.

THOMAS, J., filed a dissenting opinion in which RAPER, J., Ret., joined.

CARDINE, Justice.

This case involves a determination of who among six purchasers of adjoining tracts of land will suffer a loss of 28.8 feet of land. Appellant Condos received title by warranty deed to a tract of land that conflicted with no one. Yet, in Condos v. Trapp, Wyo., 717 P.2d 827 (1986), we decided that the 28.8 foot land deficiency should be adjusted so as to charge it to appellant Condos and third-party defendants...

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