Frisby v. Clapier

This appeal involves Dwaine and Hyla Clapier’s efforts to establish their ownership of real property located in Payette County, Idaho, following foreclosure of a mortgage on their farm. The property was redeemed from the foreclosure by Rodney and Maureen Frisby who took possession and began farming. When the Payette County Sheriff refused to issue a sheriff’s deed to the Frisbys, they filed an action in district court to quiet title and for an injunction and damages against the Clapiers.1 On May 7, 1990, the district court granted a partial summary judgment quieting title in the Frisbys. The…