Thomas v. Stevens

TAYLOR, District Judge.

In April, 1933, the plaintiffs, husband and wife, entered into a written contract with the defendants, by the terms of which they undertook to sell to defendants the following described property in Owyhee County, Idaho, to wit:

Lots 5 and 6 of Section 23, and Lot 7 of Section 22, and the NWJ4 NWJ4 of Section 26, all in Twp. 5 S, R. 5, E. B. M.

The plaintiffs had no title to approximately 12 acres of Lots 5, 6, and 7 lying north of “the Smith, Kerry and Chase line”, the rest of the land was community property of the plaintiffs. The contract was drawn in triplicate. It was…