Smylie v. Pearsall

McQUADE, Justice.

This case was tried before District. Judge Cogswell, sitting without a jury. On September 13, 1954, plaintiff Mabel R.Smylie purchased lots 6 and 7 of Paradise-Point Lake Lots according to the plat thereof recorded in Bonner County. On June 13, 1958, defendant Pearsall purchased lots 8 and 9 of the Paradise Point Lake Lots according to the same recorded plat. The original common owners of all the lots under whose direction they were platted in 1945 were Mr. and Mrs. Earl L. Palmer. Neither they nor Mr. Arthur Tiggelbeck, the original surveyor, appeared at the trial.

At the…