[DOWNLOAD] "Erla Smith v. Leonard W. Smith" by Supreme Court of Idaho No. 11013 # Book PDF Kindle ePub Free
eBook details
- Title: Erla Smith v. Leonard W. Smith
- Author : Supreme Court of Idaho No. 11013
- Release Date : January 07, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This case requires determination of the rights created by a complex series of property transfers among members of a family, some of whom are now deceased. The family consisted of George and Jennie Smith (hereinafter termed the father and mother) and their children, Leonard W. Smith (Leonard), Ralph D. Smith (Ralph), and Amy Smith Gaither (Amy). Plaintiff Erla Smith is the widow of Ralph D. Smith, while William and Frank Gaither are the heirs of Amy Smith Gaither. In 1935, the father, who owned the property in dispute, died. That property included parcel 1, an undivided 1/2 interest in a hardware store and the property on which it is situated in Kellogg, Idaho; parcel 2, a residential plot and dwelling in Kellogg; and parcel 3, an undivided 3/4 interest in certain patented and unpatented lode mining claims. The remaining 1/2 interest in the hardware store and 1/4 interest in the mining claims are not at issue. Plaintiff Erla Smith brought an action in district court to quiet title to the above described property interests. Defendant Leonard Smith filed a cross-complaint, a counter-claim and a third party complaint. From the record it appears that on December 9, 1937, Amy and Leonard quitclaimed any interest in the disputed property to Ralph for the alleged purpose of dividing their interests in the father's estate. On May 27, 1938, a decree of distribution vested the mother with 1/2 of the estate's interest in the three disputed parcels and divided the other 1/2 interest of the estate in each parcel into three equal shares, one for each of the three children. Subsequently, on June 6, 1938, the three children conveyed all their interest in parcel 1 to the mother and on the same date the mother, Leonard and Amy conveyed their interests in parcel 2 to Ralph. Then on March 9, 1939, the mother conveyed her interest in parcel 1 and the patented claims in parcel 3 to Ralph. The mother died on August 19, 1939, owning 1/2 of the 3/4 estate interest in the unpatented claims of parcel 3. At that time Ralph apparently held title to the rest of the disputed property interests.