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KINGHORN v. CLAY

No. 38109.

283 P.3d 779 (2012)

Krystal M. KINGHORN, f/k/a Krystal M. Barrett, Plaintiff-Respondent, v. Kelly N. CLAY, an individual, Defendant-Cross Defendant-Appellant, and BRP, Incorporated, Defendant-Cross Claimant-Respondent, and Bank of Commerce, Defendant.

Supreme Court of Idaho, Boise, May 2012 Term.

August 9, 2012.

Attorney(s) appearing for the Case

Smith, Driscoll & Associates, Idaho Falls, for appellant. Douglas G. Bowen argued.

Stoel Rives, LLP, Boise, for respondent BRP Incorporated. W. Christopher Pooser argued.

HORTON, Justice.

Krystal Kinghorn (Kinghorn) and Kelly Clay (Clay) agreed that Clay would co-sign for a loan for Kinghorn's benefit. In order to protect Clay in the event that Kinghorn defaulted on the loan, Kinghorn agreed to execute a quitclaim deed to real property that Clay could record if King defaulted. When Kinghorn defaulted, Clay recorded the deed and conveyed the property to BRP Incorporated (BRP). Kinghorn filed suit, and the district court unwound the...

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