[DOWNLOAD] "Charles Norman Flynn and Mary B. Nelson" by Supreme Court of Idaho No. 11954 " Book PDF Kindle ePub Free

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eBook details

• Title: Charles Norman Flynn and Mary B. Nelson
• Author : Supreme Court of Idaho No. 11954
• Release Date : January 12, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

I. M. and Ruth Allison appeal from a judgment of the district court in Adams County which (1) quieted title in plaintiff respondent Charles Norman Flynn to a disputed strip of land along the southern border of Allisons' property, based on a finding that Flynn had perfected title to the land by adverse possession; (2) denied plaintiff respondent Mary Murphy, Allisons' grantor, relief in her request to reform the warranty deed which she gave to Allisons, rejecting her claim of mistake in the description in the deed; and (3) denied defendant appellants Allisons relief in their counterclaim against Mary Murphy for damages resulting from misdescription in the deed. Allisons attack the finding and Conclusion of the district court that Flynn had perfected title to the disputed strip of land by adverse possession, arguing that the payment of taxes requirement under I.C. § 5-210[Footnote 1] had not been satisfied, or in the alternative, Allisons claim that by quieting title to the property in Flynn and refusing Murphy's request to reform the deed, the district court should have granted them relief on their counterclaim for breach of the covenant of warranty of title. We affirm the district court's finding that Flynn had perfected title to the disputed property by adverse possession and its action in quieting title to the property in Flynn, but we reverse the district court's denial of relief to Allisons in their counterclaim for damages resulting from the breach of the covenant of warranty of title. Plaintiff respondent Flynn instituted this action to quiet title in himself to the disputed strip of property which measures .27 acre (60 feet by 185 feet), claiming that he had perfected title to the property by adverse possession for a period in excess of five years. The disputed .27 acre is located at the northern boundary of a parcel of land in Adams County which Flynn has owned since 1960. It is at the southern boundary of a neighboring parcel now owned by defendant appellants I. M. and Ruth Allison, who purchased the property from defendant respondent Mary Murphy in 1969. Allisons claim ownership of the disputed property through their warranty deed from Murphy. However, Murphy claims that she intended to except the disputed piece from her deed to Allisons, but made a typographical error in the exception clause of the description in the deed. She joined with Flynn as plaintiff in this suit, deposited a correction deed with the trial court and sought a reformation of the Allisons' deed to conform to her intentions. Allisons denied Murphy's claim of a typographical error, and counterclaimed against Murphy for damages resulting from the partial failure of title to the land conveyed by Murphy to Allisons in her warranty deed.

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