ADAMS v. ANDERSON

No. 30528.

127 P.3d 111 (2005)

142 Idaho 208

Peter and Suzanne ADAMS, husband and wife, Plaintiffs-Appellants, v. Albert A. ANDERSON, III and Sue Anderson, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 2005 Term.

December 20, 2005.


Attorney(s) appearing for the Case

Naylor & Hales, P.C., Boise, for appellants. Colleen D. Zahn argued.

Davison, Copple, Copple & Cox, Boise, for respondents. Terry C. Copple argued.


JONES, Justice.

Peter and Suzanne Adams brought this action seeking a declaratory judgment that they, rather than Albert and Sue Anderson, are the fee simple owners of a disputed piece of property. The district court granted summary judgment for the Andersons. We reverse and remand for further proceedings consistent with this opinion.

I.

The parties dispute ownership of a small parcel of land that lies along the common boundary of the parties' respective...

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