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Boyd-Davis v. Baker

Supreme Court of Idaho

December 2, 2014

TERRI BOYD-DAVIS, Plaintiff-Counterdefendant-Respondent-Cross Appellant,
v.
TIMOTHY BAKER and CAROL BAKER, husband and wife, Defendants-Counterclaimants-Appellants-Cross Respondents, and BRIAN F. DAVIS and JEAN L. COLEMAN, an individual, Plaintiffs-Counterdefendants-Respondents, and MARY PANDREA, an individual; JOHN PANDREA, an individual; and DOES 1-50, inclusive, Defendants, and JAMES GILBERTSON and NELLIE GILBERTSON, husband and wife, Defendants-Counterclaimants

2014 Opinion No. 126.

Appeal from the District Court of the First Judicial District of the State of Idaho, in and for Bonner County. Hon. Steve C. Verby, District Judge.

The judgment of the district court is reversed in part and affirmed in part.

D. Toby McLaughlin, Berg & McLaughlin Chtd., Sandpoint, argued for appellants.

Terri Boyd-Davis, Hayden, argued in her own behalf.

Jean L. Coleman and Brian F. Davis appeared at oral argument, but did not argue nor did they file a brief on appeal.

Chief Justice BURDICK, Justices J. JONES, HORTON and Senior Justice Pro Tem WALTERS CONCUR.

OPINION

Page 750

[157 Idaho 689] EISMANN, Justice.

This is an appeal out of Bonner County from a judgment determining the boundary between two adjoining parcels of real property. We reverse the judgment in part and affirm it in part.

I.

Factual Background.

Harry and Edith Clark owned substantial real property in Bonner County. In 1966, they conveyed a parcel of their real property to their daughter, Jean Coleman, and in 1970, they conveyed to her another parcel of real property adjoining the southern boundary of the parcel conveyed in 1966. Both parcels are herein called the " Coleman Property." The Coleman Property was bordered on the north and east by the Pack River Road and on the west and south by other property that the Clarks owned. In 2009, Jean Coleman conveyed an undivided interest in the Coleman Property to Brian Davis and Terry Boyd-Davis.

In 1974, the Clarks conveyed to Clifford and Joan Johnson a parcel of property bordering the southern boundary of the parcel conveyed to Jean Coleman in 1970. In 2007, the Johnsons conveyed this property to Timothy and Carol Baker, and it is herein called the " Baker Property." The issue in this case is the boundary between the Coleman Property and the Baker Property.

Harry Clark had prepared the legal descriptions of deeds by which the Clarks conveyed the parcels ...


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