BROWN v. GREENHEART

No. 41189.

335 P.3d 1 (2014)

Jay BROWN and Christine Hopson-Brown, husband and wife, Plaintiffs-Respondents, v. Augusta Sayoko Mimoto GREENHEART, an individual, Defendant-Appellant.

Supreme Court of Idaho, Boise, August 2014 Term.

September 19, 2014.


Attorney(s) appearing for the Case

Orton Lakey Law Offices, Meridian, attorneys for appellant. Victor Villegas argued.

Givens Pursley, Boise, attorneys for respondents. Michel C. Creamer argued.


WALTERS, J. pro tem.

This is an action for the reformation of a deed to real property. The appellant, Augusta Greenheart, challenges a decision of the district court determining that a warranty deed conveying a portion of land "with their appurtenances" did not transfer a water right to Greenheart as the purchaser of the property. The district court ordered the warranty deed reformed due to mutual mistake, and grounds of quasi-estoppel and waiver, and granted the...

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