Carter v. Zollinger

This appeal concerns whether ownership of property can be determined in an unlawful detainer summary proceeding under Idaho Code § 6-303. We affirm the magistrate court’s ruling that the unlawful detainer action should have been dismissed.

I. FACTUAL AND PROCEDURAL BACKGROUND

Norman and Afton Roberts were the parents of the appellants: Nadene Carter, Norma Bennett, LaRee Larson, and Melvin Roberts (collectively Appellants), as well as of Respondent Flora Zollinger, and of Ellis Roberts, who is not a party to this ease. Norman and Afton Roberts created the Norman H. Roberts Family Revocable…