Alice Fry v. Gloria Smith Book Reviews

Alice Fry v. Gloria Smith by Supreme Court of Idaho No. 9849 Book Summary

Plaintiff (respondent) brought this action to quiet title to a triangular tract of land situate in Sections 10 and 11, Township 8 North, Range 5 East, Boise Meridian, in Boise County, lying between the Banks-Lowman road on the north and the South Fork of the Payette river on the south, and adjacent to the boundary line between the properties of the parties. The lands of both parties were formerly owned by one August Rane. In January, 1948, Rane and wife conveyed Lot 10 of Section 10, and the westerly 100 feet of Lot 6, Section 11, to Daveda L. Crowley. Lot 6 of Section 11 borders Lot 10 of Section 10 on the east. In 1952 plaintiff and her late husband contracted with Mrs. Crowley for the purchase of the land conveyed by Ranes to Mrs. Crowley, and entered into possession thereof. April 9, 1957, Mrs. Crowley and her husband conveyed the land to plaintiff, then a widow (an error in the description was corrected by correction deed in March, 1963). In January, 1952, defendant (appellant) and her late husband Hugh Smith contracted to purchase (with other property) ""all of Lot 6, except the westerly 100 ft. thereof, in Section 11,"" T. 8 N., R. 5 E.B.M., from Rane and wife. Hugh Smith died in November, 1957. In the probate proceedings settling his estate, ""all of Lot 6, except the westerly 100 ft. thereof, Section 11;"" T. 8 N., R. 5 E.B.M. (with other property) was distributed to defendant and her two minor daughters. Defendant contended that when she and her husband Hugh purchased the land in Lot 6 from Rane, the boundary line had not been marked on the ground; that her husband Hugh in the summer of 1952 built a fence intended to mark the boundary between the property purchased by defendant and her husband and the property previously purchased from Rane by Mrs. Crowley; that plaintiff and her husband, before the latter's death, acquiesced in the location of the fence built by Smith and in its status as a boundary line between their respective properties from 1952 until shortly before this action was brought (November 27, 1963). The land in dispute lies upon the east or Smith side of the fence and defendant contends that it has been in the open, notorious, exclusive, continuous, uninterrupted, adverse possession of herself and her late husband from the time of the construction of the fence in 1952 until shortly before the commencement of this action. Based upon such claimed state of facts, defendant claims title to the land (first) by adverse possession; and (second) by virtue of the fence having been constructed to settle an uncertain and disputed boundary, and acquiescence therein on the part of plaintiff and her predecessors.

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