Cooper v. Boise Church Of Christ

524 P.2d 173 (1974)

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Nature of the Case

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Facts

In 1955, Neely contract to sell the property under dispute to Adams. A warranty deed was placed in escrow with the record title remaining with Neely. In 1957, Adams executed a document to convey an easement to D. D then erected a large electric sign. The document was recorded in 1960. On April 23, 1959, Adams executed a quitclaim deed to House of Carpets. That deed was recorded May 4, 1959. On January 6, 1964, the property was conveyed by tax deed to Nampa, and that deed was recorded June 15, 1964. After getting the quitclaim from Adams, House paid the property in full, and Betty Cooper (P) was the wife of William who was the president of House. They were divorced in 1965 and as part of the settlement House executed a quitclaim deed to P, and that was recorded on April 5, 1966. The Neely to Adams warranty deed was mailed to Adams on September 24, 1965. They had been divorced, and the warranty deed was never recorded. To facilitate the transfer of the property to P, the Neely’s executed a warranty deed to Robert Adams alone, and on July 28, 1966, Robert executed the deed to P who recorded on August 5, 1966. Nampa eventually conveyed the property to P by tax deed which was recorded on May 9, 1969. The district court concluded that Adams intended only to convey a license and not an easement. P got the judgment and D appealed. (The actual deed language is listed in the casebook).