Aztec Ltd., Inc. v. Creekside Inv. Co.

BAKES, Justice.

In 1976 appellant Aztec, Ltd., acting through its president, Roger Seaton, purchased a piece of real property in Pocatello, Idaho. At the time of the purchase, Seaton knew the approximate amount of land which had been purchased. He thought that the land lay to the north of Pocatello Creek Road, a public highway. After ordering a survey and title report, Seaton discovered instead that a small strip of Aztec’s property lay to the south of the paved and traveled portion of Pocatello Creek Road.

Immediately to the west of Aztec’s property, Pocatello Creek Road had been platted and…