Fajen v. Powlus

BAKES, Justice.

This case arises out of conflicting claims to a tract of real property in the city of Twin Falls. S. B. and Lucille E. Smith, husband and wife, owned Lots 2, 3 and 4, of Block 1, Wood’s Addition to Twin Falls. On January 30, 1969, they entered into a contract of sale of part of Lot 4 with Jack E. and Stella M. Powlus, husband and wife, who had been operating a canvas manufacturing and repair business as tenants on Lot 4 since 1965. This agreement and the warranty deed which accompanied it were unrecorded. In March or April of 1970, S. B. Smith delivered a deed to Lots 2, 3 and…