MIKESELL v. NEWWORLD DEVELOPMENT CORP.

No. 19389.

840 P.2d 1090 (1992)

122 Idaho 868

Larry K. MIKESELL and Rose Mikesell, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. NEWWORLD DEVELOPMENT CORPORATION, an Idaho corporation, and Rockland K. Judd, Defendants and Third-Party Plaintiffs-Appellants-Cross Respondents, v. Melrose BURGESS and Berniece Burgess, husband and wife, Ed Burgess, individually and doing business as Agri-West Realty; Land Title & Escrow, Inc., an Idaho corporation, Third Party Defendants-Respondents.

Court of Appeals of Idaho.

Petition for Review Denied November 30, 1992.


Attorney(s) appearing for the Case

Ling, Nielsen & Robinson, Rupert, for appellants/cross respondents. Brent T. Robinson argued.

Donald J. Chisholm, Burley, for respondents/cross appellants Mikesell.

James Annest, Burley, for respondents Burgesses.

Parsons, Smith, Stone & Fletcher, Burley, for respondent Land Title & Escrow, Inc. William Parsons argued.


SILAK, Judge.

This appeal concerns a dispute over the ownership of a thirty-foot wide strip of land (thirty-foot parcel) between the real properties of Larry and Rose Mikesell and Newworld Development Corp. The Mikesells claim title to the property by virtue of a partly performed oral agreement they entered into with Melrose and Berniece Burgess, Newworld's predecessors in title. Newworld claims title by virtue of its deed, which includes the disputed strip of land...

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