eBook details
- Title: Delbert K. Argyle and Dora B. Argyle v. R.
- Author : Supreme Court of Idaho No. 12641
- Release Date : January 20, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This appeal involves an action to cancel a deed granting a fifteen-sixteenth (15/16) interest in gas, oil and other mineral rights and to quiet title in property owned by plaintiffs-appellants Delbert and Dora Argyle. Appellants sought to set aside the deed, alleging that: (1) the deed is void because there was no description of the property conveyed prior to delivery, i. e. that the descriptive portion of the form was blank prior to delivery; (2) the deed was fraudulently procured; and (3) the signature of appellant Dora Argyle was forged. The district court entered summary judgment in favor of the grantees of the mineral deed, defendants-respondents R. W. Slemaker, Jr., executor of R. W. Slemaker, Sr., deceased, and Ruth Slemaker, and their grantee, defendant-respondent Wiser Oil Company. This appeal is from that judgment.[Footnote 1] On a motion for summary judgment . . . it is well recognized that the facts are to be liberally construed in favor of the party opposing the motion and he is given the benefit of all favorable inferences which might be reasonably drawn from the evidence.