KOELKER v. TURNBULL

No. 21576.

899 P.2d 972 (1995)

127 Idaho 262

Carl Lorraine KOELKER and Constance Mae Koelker, husband and wife, Plaintiffs-Respondents, v. Robert B. and Donna TURNBULL, husband and wife, Defendants-Appellants, and Larry Seamann and Crystal Seamann, husband and wife; David A. Scherb and Jeanne L. Scherb, husband and wife; Seymour L. Sharp and Ellen S. Sharp, husband and wife; Michael Culver and Roberta Culver, husband and wife; and all other persons or entities claiming any right, title or interest in or to the real property including the well and other appurtenances commonly known as 900 Peninsula Road, Hope, Bonner County, Idaho, and more particularly described as follows: In the state of Idaho, County of Bonner, that portion of Government Lot 2 and 3, Section 12, Township 56 North, Range 1 East, Boise Meridian, Bonner County, Idaho, described as follows: Commencing at the northeast corner of said Government Lot 2; thence South 12 degrees 58'33", West, 1447.27 feet; thence North 49 degrees 37'57" West, 407.02 feet; thence North 52 degrees 18'41" West, 72.13 feet to the southeasterly right-of-way of the county road; thence along said right-of-way on curve to the right; said curve having a radius of 1940.0 feet, the chord being South 51 degrees 25'13" West, 175.67 feet, to the true point of beginning; thence South 50 degrees 21'43" East, 183.0 feet; thence South 39 degrees 38'17" West 300.00 feet; thence South 84 degrees 00'00" West 180.65 feet to the southeasterly right of way of the county road; thence northerly along said right-of-way a distance of 452.58 feet to true point of beginning together with a non-exclusive easement for access to Lake Pend Oreille, said easement being in the east half of the southeast quarter of Section 11, Township 56 North, Range 1 East, and Government Lots 1 and 2 of Section 12, Township 56 North, Range 1 East, Boise Meridian, Bonner County, Idaho, described as follows: Commencing at the intersection of the centerline of the "old" county road with the easterly extension of the south line of Lot 23, as shown on the plat of Buena Vista Beach as recorded in Book 1 of Plats, page 173, records of Bonner County, Idaho, said intersection being the true point of beginning: Thence North 14 degrees 52' West along the centerline of said "old" county road 167.20 feet, thence North 34 degrees 58'06" East along said centerline 25.98 feet; thence leaving said centerline North 67 degrees 20'50" West along a line that is 10.0 feet South of a "yew" tree; 140.0 feet more or less to the shoreline of Lake Pend Oreille: Thence northeasterly along said shoreline to a line that is at right angles to and 60.0 feet northeasterly of the last described bearing (North 67 degrees 20'50" West); thence South 67 degrees 20'50" East 140.0 feet, more or less; thence South 34 degrees 20'50" East 140.0 feet, more or less; thence South 34 degrees 58'60" West, 79.83 feet; thence South 14 degrees 52' East 155.59 feet; thence South 75 degrees 31' West, 25.00 feet to the true point of beginning. The easement strip herein described shall be considered as appurtenant to the parcel of land first described herein, Defendants.

Supreme Court of Idaho, Coeur d'Alene, April 1995 Term.

July 10, 1995.


Attorney(s) appearing for the Case

Cooke, Lamanna, Smith, Cogswell & Elliot, Priest River, for appellants. Thomas E. Cooke argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for respondents. Michael B. Hague argued.


JOHNSON, Justice.

This is a covenant of title (also known as a covenant of seisin) case. We conclude that the grantors breached an express covenant of title by not revealing the existence of third parties' interests in the property pursuant to an unrecorded agreement which the grantors knew about and signed. We also conclude that the attorney fees the grantees incurred securing quiet title provide the measure of damages for the grantors' breach, although we remand...

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