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Bailey v. Ewing

Court of Appeals of Idaho
671 P.2d 1099 (1983)


The estate of a recent decedent was divided into two lots to be auctioned of. On October 1, 1977, the auctioneer showed Guy Ewing (defendant) around the property and indicated that the property line was thirteen feet from the house near the lilac bushes. Ewing purchased the lot. Fred Bailey (plaintiff) purchased the neighboring lot. After purchasing, Ewing began to take care of the property up to the lilac bush. In June of 1978, Ewing built a fence at the lilac bush. Bailey sued to quiet title with respect to that strip of the property. Ewing counterclaimed seeking reformation of both Ewing’s and Bailey’s deeds based on the doctrine of mutual mistake. The trial court found for Bailey stating that Ewing made a unilateral mistake. Ewing appealed.

Rule of Law


Holding and Reasoning (Swanstrom, J.)

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