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WILLIS v. REALTY COUNTRY, INC.

No. 18427.

824 P.2d 887 (1991)

121 Idaho 312

Josephine P. WILLIS, as Personal Representative of the Estate of Elnora D. Wise, Deceased, Plaintiff-Counterdefendant-Appellant-Respondent on Appeal-Cross Appellant on Appeal, v. REALTY COUNTY, INC., an Idaho corporation, Defendant-Counterplaintiff-Respondent-Appellant on Appeal-Cross Respondent on Appeal.

Court of Appeals of Idaho.

Rehearing Denied December 9, 1991.

Petition for Review Denied February 28, 1992.

Attorney(s) appearing for the Case

Samuel A. Hoagland, Boise, for appellant.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for respondent. Brent Roche, argued, Pocatello.

SILAK, Judge.

In this case, Elnora D. Wise (now deceased), the beneficiary of a deed of trust on a motel in Chubbuck, instituted a foreclosure proceeding against the grantor of the deed, the Pickens. While the foreclosure was pending, Wise assigned her rights under the deed of trust to Realty Country, Inc., appellant and cross-respondent. However, prior to conveying her interest in the property, she caused fixtures to be removed from the property, and damaged the...

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