FIRST STATE BANK OF ELDORADO v. ROWE

No. 30099.

130 P.3d 1146 (2006)

142 Idaho 608

FIRST STATE BANK OF ELDORADO, Plaintiff-Respondent, v. James B. ROWE and Janet I. Rowe, husband and wife, Defendants-Appellants, and Household Finance Corp., III, an Idaho corporation, Defendant. Cary Van Etten, as the Butte County Sheriff, Plaintiff-Respondent, v. James Rowe and Janet Rowe, husband and wife, and Pro Indiviso, Inc., an Idaho corporation, Defendants-Appellants, and Darrell E. McDonald and Nancy McDonald, Richard (Rick) Reynolds and Jacqueline Reynolds, husband and wife, First Bank of Eldorado, an Illinois corporation, Defendants-Respondents. Cary Van Etten, as the Butte County Sheriff, Plaintiff-Counterdefendant, v. James Rowe and Janet Rowe, husband and wife, and Pro Indiviso, Inc., an Idaho corporation, Defendants-Counterclaimants-Cross Claimants, and Darrell E. McDonald and Nancy McDonald, Richard (Rick) Reynolds and Jacqueline Reynolds, husband and wife, First State Bank of Eldorado, an Illinois corporation, Defendants-Cross Defendants.

Supreme Court of Idaho, Boise, May 2005 Term.

February 28, 2006.


Attorney(s) appearing for the Case

Baker & Harris, Blackfoot, for appellants. Jared M. Harris argued.

Rigby, Thatcher, Andrus, Rigby & Moeller, Chtd., Rexburg, for respondents Darrel E. McDonald and Nancy McDonald; Blaser, Sorensen & Hansen, Chtd., Blackfoot, for respondents Richard Reynolds and Jacqueline Reynolds; and May, Sudweeks & Browning, LLP, Twin Falls, for respondent First State Bank of Eldorado. Gregory W. Moeller argued.


SCHROEDER, Chief Justice.

This case involves interpretation and application of the doctrine of fructus industriales, fruits of industry, to determine the rights to crops growing on property that is redeemed following foreclosure. Issues concerning attorney fees are also presented.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On September 22, 1999, First State Bank of Eldorado (FSB) filed an action for the foreclosure of property against...

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