Claunch v. Whyte

TAYLOR, Justice.

Appellant (plaintiff) brought this action to quiet title to an undivided one-half interest in certain real property in Bingham County, Idaho. The respondents (defendants), wife and husband, by cross complaint sought and obtained a decree quieting title in the respondent Phyllis Whyte, based on a quitclaim deed given to her by the plaintiff.

The question presented is as to whether or not the deed was delivered by the grantor to the grantee with the intent to immediately pass title.

The property in question was the community property of the plaintiff and her deceased husband,…