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MERRILL v. GIBSON

No. 28542.

87 P.3d 949 (2004)

139 Idaho 840

Orson MERRILL and Lydia Merrill, husband and wife, Plaintiffs-Counterdefendants-Respondents-Cross Appellants, v. David GIBSON, an individual, and All Unknown Individuals who may claim any interest in the real property which is the subject of these proceedings, individually, jointly and severally, Defendants-Counterclaimants-Appellants-Cross Respondents.

Supreme Court of Idaho, Boise, December 2003 Term.

Rehearing Denied April 12, 2004.

Attorney(s) appearing for the Case

Vernon K. Smith, Jr., Boise, argued for appellants.

Thomas G. Maile, IV, Eagle, argued for respondents.

TROUT, Chief Justice.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 1991, David Gibson (Gibson) looked to relocate his tree and shrub nursery and negotiated to buy twenty acres south of Boise, Idaho (Twenty Acres). Gibson took possession of the Twenty Acres in June 1991, but did not enter into a purchase agreement until September 3, 1991. After taking possession, Gibson moved large amounts of compost onto the land to recondition the soil and also stored...

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