Aitken v. Gill

BURNETT, Judge.

The sole issue in this appeal is whether an action brought by sellers of real property, seeking to reform the instruments of conveyance, was time-barred under the applicable statute of limitation. The district court held that it was not and granted the relief sought. For reasons explained below, we vacate the judgment and remand the case.

The facts essential to our decision are undisputed. In 1962 Stewart and Grace Aitken sold land near Riggins, Idaho, to Deward and Dolina Gill. The buyers believed that the sale included approximately seventeen acres known as “Rocky Flat.”…