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Bagley v. Thomason

October 6, 2010

JOHN BAGLEY AND TERRENCE BAGLEY, PLAINTIFFS-RESPONDENTS,
v.
BYRON T. THOMASON AND MARILYNN THOMASON, DEFENDANTS-APPELLANTS.



Appeal from the District Court of the Seventh Judicial District of the State of Idaho, in and for Madison County. The Hon. Brent J. Moss, District Judge.

The opinion of the court was delivered by: Eismann, Chief Justice.

2010 Opinion No. 107

The judgment of the district court is affirmed.

This is an appeal from the grant of a partial summary judgment, certified as final, quieting title to certain real property in the plaintiffs. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

By warranty deed dated July 20, 2007, Marilynn Thomason and Byron T. Thomason, husband and wife, conveyed certain real property to Terrence Bagley and John Bagley. On the same date, Bagleys executed a contract agreeing to reconvey the property to Marilynn Thomason upon repayment of the purchase price, plus interest and points, on or before 12:00 p.m. on January 20, 2008. The contract provided that if that payment was not made, Thomasons "shall forever lose any legal rights to the land as deeded." Bagleys also agreed that Marilynn Thomason could continue to farm and maintain the property until that time.

On May 6, 2008, Bagleys filed this action seeking to quiet their title in the real property, to recover damages for trespass and slander of title, and foreclose upon the property if the warranty deed and reconveyance agreement were construed to be a mortgage.*fn1 Thomasons answered and filed a counterclaim seeking damages for duress, breach of contract, threats, and unjust enrichment.

On August 8, 2008, Bagleys filed a motion for partial summary judgment on their quiet title claim. They filed affidavits providing copies of the recorded warranty deed and the contract of reconveyance and stating that Thomasons had failed to make any portion of the payment due on January 20, 2008. After a hearing, the district court entered a decision granting the motion. On November 14, 2008, the court entered a partial judgment quieting the title to the real property in Bagleys. The court also certified the partial judgment as final pursuant to Rule 54(b)(1) of the Idaho Rules of Civil Procedure.

On December 22, 2008, Thomasons filed a notice of appeal. On February 9, 2009, the district court entered a judgment awarding Bagleys court costs, including attorney fees, in the sum of $12,225.36.

II. ISSUES ON APPEAL

A. Did Bagleys lack standing to bring an action for quiet title to the real property?

B. Was the warranty deed void because it did not include the address(es) of Bagleys?

C. Did the district court err by failing to give Thomasons sufficient time for discovery?

D. Did the district court err in quieting title to the Bagleys in all water rights and fixtures appurtenant to the real property?

E. Did the district court err in granting the partial summary judgment without addressing ...


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