David & Marvel Benton Trust v. McCarty

Appellant Dorothy McCarty appealed the grant of summary judgment holding that a quitclaim deed granting certain real property to McCarty was unenforceable as a matter of law because it did not contain an adequate description of the subject property. The issues raised on appeal were: (1) whether Idaho Code section 55-606 barred the grantors’ successors in interest from challenging the enforceability of the Quitclaim Deed that the grantors themselves executed; (2) whether the district court erred in striking evidence of the grantors’ intent at the time they executed the deed; (3) whether the district court erred in finding that the Quitclaim Deed did not contain an adequate description of the subject property; (4) whether the district court erred by holding that the grantors were thereafter prevented from transferring the property by an amendment to the trust documents; and (6) whether the district court erred in concluding that the doctrines of ‘reformation,’ ‘interlineation,’ and ‘correction deed’ were not applicable. Finding no reversible error, the Supreme Court affirmed. View "David & Marvel Benton Trust v. McCarty" on Justia Law