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WILHELM v. JOHNSTON

No. 25796.

30 P.3d 300 (2001)

136 Idaho 145

M. Wayne WILHELM and Randie Wilhelm, husband and wife, Plaintiffs-Respondents, v. W. James JOHNSTON, Defendant-Appellant, and David Packer and Does I-IV, Defendants. W. James Johnston and Karen Johnston, husband and wife, Plaintiffs-Appellants, v. M. Wayne Wilhelm and Randie Wilhelm, husband and wife, Defendants-Respondents.

Court of Appeals of Idaho.

July 30, 2001.

Attorney(s) appearing for the Case

Jones, Chartered, Pocatello, for appellant. Thomas J. Holmes argued.

Curtis N. Holmes, Pocatello, for respondent.

LANSING, Judge

This appeal arises from a deficiency action brought by the beneficiaries of a deed of trust following a trustee's foreclosure sale. Based on a determination that the fair market value of the property sold at the trustee's sale exceeded the secured debt, the district court denied the beneficiaries' claim for a deficiency and, in addition, awarded the debtors a judgment for the surplus of the fair market value in excess of the debt. On appeal, the deed...

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