(DOWNLOAD) "Elias Aldape v. Paul Akins and Mary Akins" by Court of Appeals of Idaho No. 14254 # Book PDF Kindle ePub Free
eBook details
- Title: Elias Aldape v. Paul Akins and Mary Akins
- Author : Court of Appeals of Idaho No. 14254
- Release Date : January 10, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In this appeal we apply the doctrine of res judicata to a quiet title action. The case represents a second round of litigation over title to land lying between the present course of the Boise River and its former riverbed. All of the parties own real property along the river. Movement of the stream has increased the dry land occupied by the Aldape family, and has flooded property owned by the other parties. The first round of litigation began when the Aldapes filed a quiet title action against numerous record owners, including defendants Akins and Nesbitt, asserting title to the occupied dry land upon a theory of adverse possession. The trial court decided, and the Supreme Court affirmed, that insofar as the Aldapes' claim pertained to property owned by Akins and Nesbitt, the elements of adverse possession had not been proven. See Aldape v. State, 98 Idaho 912, 575 P.2d 891 (1978) (herein termed Aldape I). Thus, Akins and Nesbitt prevailed in round one.