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NIELSON v. BENTON

No. S-6107.

903 P.2d 1049 (1995)

Kathy NIELSON and Loren Domke, Husband and Wife, Appellants, v. David BENTON and Lori Telfer, Husband and Wife, Appellees.

Supreme Court of Alaska.

Rehearing Denied September 28, 1995.

Attorney(s) appearing for the Case

Loren Domke, Loren Domke, P.C., Juneau, for Appellants.

Thomas W. Findley, Caroline Crenna, Dillon & Findley, P.C., Juneau, Sitka, for Appellees.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

COMPTON, Justice.

I. INTRODUCTION

This appeal arises out of a failed real estate transaction. Its resolution turns on the question of whether a dispute over the seaward boundary of a property, potentially giving the State of Alaska (State) a claim to part of the property, constitutes a cloud on title justifying rescission of the sales agreement. The superior court held that there was a cloud on title and granted rescission...

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