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MARKHAM v. ANDERTON

No. 17153.

801 P.2d 565 (1990)

118 Idaho 856

Ruth MARKHAM and Ruth Markham as personal representative of the Estate of Harley B. Markham, deceased, Plaintiff-Counterdefendant-Respondent, v. B.J. ANDERTON aka Bing Anderton aka Bardell Joseph Anderton, and Mae M. Anderton, husband and wife, Defendants-Counterclaimants-Appellants. B.J. ANDERTON and Mae M. Anderton, husband and wife, Third-Party Plaintiffs-Appellants, v. Bruce MARKHAM, Third-Party Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied November 21, 1990.

Attorney(s) appearing for the Case

B.J. Anderton and Mae Anderton, Pocatello, pro se.

Green, Service, Gasser & Kerl, Pocatello, for respondents. Archie W. Service argued.

SWANSTROM, Judge.

This is an appeal from summary judgment granted in favor of Ruth Markham, individually, and as the personal representative of the estate of Harley Markham, deceased, in a deed of trust foreclosure action against B.J. and Mae Anderton. We discuss the following issues raised by the Andertons in this appeal: (1) whether there were genuine issues of material fact precluding summary judgment; (2) whether the...

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