KENNEDY v. SCHNEIDER

No. 36853.

259 P.3d 586 (2011)

Vernon L. KENNEDY and Dorothy Kennedy, husband and wife, Plaintiffs-Respondents, v. Samuel E. SCHNEIDER, Jr. and Laurie Schneider, if married, as it relates to that real property described as parcel 3, Defendants-Appellants, and Fred J. Stuart and Jane Doe Stuart, as it relates to the real property herein described as parcel 1; the heirs, devisees, assigns or statutory trustees of Steen Meat Co. Ltd., a forfeited corporation, as to parcel 2 hereinafter described; together with the spouses of the above-named persons if they be known or unknown; the unknown heirs, devisees, or legatees of any of the foregoing persons; the successors in interest be they known or unknown; the unknown heirs, claimants, creditors, or parties who might claim an interest in or to the following three (3) parcels of property described in Idaho County, State of Idaho, to wit: See File For Description, Defendants.

Supreme Court of Idaho. Moscow, November 2010 Term.

Rehearing Denied June 6, 2011.


Attorney(s) appearing for the Case

Clark and Feeney, Lewiston, for appellants. Jonathan D. Hally , argued.

Dennis L. Albers , Grangeville, for respondents.


SUBSTITUTE OPINION, THE COURT'S PRIOR OPINION

DATED MARCH 17, 2011 IS HEREBY WITHDRAWN.

HORTON, Justice.

This is an appeal by Samuel Jr. and Laurie Schneider (Schneiders)1 from the district court's decree quieting title to real property located near Stites, Idaho in favor of Vernon and Dorothy Kennedy (Kennedys) as adverse possessors. The Schneiders also appeal the district court's award of attorney fees to the Kennedys...

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