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C & G, INC. v. RULE

No. 25600.

25 P.3d 76 (2001)

135 Idaho 763

C & G, INC., and Martin C. Galvin, Plaintiffs-Appellants-Cross Respondents, v. Daniel P. RULE and Marjorie N. Rule, Husband and Wife, Defendants-Respondents, and Union Pacific Railroad Company, a Utah Corporation, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho. Boise, December 2000 Term.

Rehearing Denied June 18, 2001.

Attorney(s) appearing for the Case

Matt J. Howard, Boise, argued for appellants.

Hawley, Troxell, Ennis & Hawley, Boise; and Eismann Law Offices, Nampa, for respondents Rules. Stephen C. Hardesty argued.

Jim Jones & Associates, Boise, for respondent Union Pacific Railroad. Jim Jones argued.

WALTERS, Justice.

This is an appeal from the district court's summary judgment quieting title to two parcels of land in Respondents Union Pacific Railroad and Daniel and Marjorie Rule. We affirm.

FACTUAL AND PROCEDURAL HISTORY

On November 27, 1899, George Thomas, who was the great uncle of appellant Martin Galvin, conveyed a parcel of real property near Middleton, Idaho to the Idaho Northern Railway Company. The original of the deed, containing a...

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