McFARLAND v. CURTIS

No. 19770.

854 P.2d 274 (1993)

123 Idaho 931

Elizabeth McFARLAND, an unmarried woman; William C. Walters, a married man; Robert M. Shields and Margaret M. Shields, husband and wife; David Norton and Brenda Norton, husband and wife; William S. Owens and Kathleen J. Owens, as trustees of the William S. and Kathleen J. Owens Family Revocable Trust; Curtis M. Webster, a single man and Lisette S. Edmond, a married woman, Plaintiffs-Respondents, v. Carl CURTIS, Defendant-Appellant, and Lam Enterprises, a partnership; Larry E. Levy, a married man; John E. Alskog, Jr.; Walter L. Cherry, Jr., and Lisa Cherry, husband and wife; Catherine Cherry Moore, a married woman; and Patrick W. Madden, a single man, dba Cherry-Madden Partnership; K.I.C., Inc., a Washington corporation; Michael Madden, attorney-in-fact for Patrick W. Madden; R.C.S. Designs; Does I-X, and all other persons unknown, claiming any right, title, estate, lien, or interest in the following described real property adverse to plaintiffs' ownership, or any cloud on plaintiffs' title thereto; a parcel of land lying within the common area of Trail Creek Condominiums, according to the official plat thereof recorded as Instrument No. 199464, more particularly described as follows: Commencing at the Southeast corner of said Trail Creek Condominiums; thence along a curve to the right 144.67 feet with a radius of 283.20 feet and a central angle of 29 degrees 16'10" and a long chord of 143.11 feet bearing N. 06 degrees 51'51" E., thence N. 21 degrees 30'00" E. 14.00 feet to the true point of beginning; thence continuing N. 21 degrees 30'00" E. 75.42 feet; thence along a curve to the left 47.12 feet with a radius of 30.00 feet and a central angle of 90 degrees 00'00" and a long chord of 42.43 feet bearing N. 23 degrees 30'00" W.; thence N. 68 degrees 30'00" W. 10.78 feet; thence along a curve to the right 80.60 feet with a radius of 330.00 feet, and a central angle of 13 degrees 59'30" and a long chord of 80.40 feet bearing N. 61 degrees 30'11" W; thence S. 11 degrees 53'31" W. 41.46 feet; thence S. 66 degrees 19'20" W. 75.43 feet; thence S. 05 degrees 57'50" E. 111.32 feet; thence 140.00 feet along a curve to the right with a radius of 235.5 feet and a central angle of 34 degrees 00'00" and a long chord of 138.5 feet bearing N. 13 degrees 25'00" E. to the true point of beginning, Defendants.

Court of Appeals of Idaho.

May 25, 1993.


Attorney(s) appearing for the Case

Raymundo G. Pena, argued, Rupert, for defendant-appellant.

Hawley, Troxell, Ennis & Hawley of Ketchum, for plaintiffs-respondents. Carol L. Shephard, argued.


SWANSTROM, Judge.

This case arose from the filing of a quiet title action by Elizabeth McFarland and other plaintiffs (McFarland) against Carl Curtis regarding property located in Blaine County. Curtis did not file a timely answer, and McFarland gave notice of intent to take default. Default was entered, and Curtis filed a motion to set aside the default, which was denied. A default judgment was entered December 13, 1991...

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