Smith v. Smith

Idaho Supreme Court

Smith v. Smith

521 P.2d 143, 95 Idaho 825, 1974 Ida. LEXIS 514

CourtIdaho Supreme Court

DecidedApril 16, 1974

DocketNo. 11339

StatusPublished

Cited by2 cases

This text of 521 P.2d 143 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Smith v. Smith, 521 P.2d 143, 95 Idaho 825, 1974 Ida. LEXIS 514 (Idaho 1974).

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Opinion

BAKES, Justice.

Plaintiff-respondents Wayne Smith and Patricia Smith brought an action seeking to compel the defendant-appellants, Ida Smith, Phillip Smith and Alvie Smith, to convey legal title to a ranch located in Owyhee County, Idaho, and to account for the purchase price. The district court entered a judgment ordering such a conveyance and determining the balance due from plaintiffs to defendants in an accounting. The defendant-appellants have set out twelve assignments of error, all but one of which relate to the sufficiency of the evidence to sustain the judgment of the trial court. We have reviewed the evidence and find that as to those assignments which are relevant to the disposition of this appeal there was substantial, though conflicting evidence to sustain those findings and therefore that portion of the trial court’s action is affirmed. Ivie v. Peck, 94 Idaho 625, 495 P.2d 1110 (1972).

Appellant’s assignment of error number 12 relates to certain alleged hearsay declarations of A. D. Smith, deceased. Those declarations were testified to by at least one witness who was not a party to the proceeding, and therefore properly admitted. I.C. § 9-202(3). See Quayle v. Mackert, 92 Idaho 563, at p. 568, 447 P.2d 679 (1968); In re Kilgore’s Estate, 86 Idaho 386, at p. 393, 387 P.2d 16 (1963). Bell, Handbook of Evidence for the Idaho Lawyer, 2d Ed. (1972), at p. 136 et seq., and p. 143 et seq.

Affirmed. Costs to respondent.

SHEPARD, C. J., and DONALDSON, McQUADE and McFADDEN, JJ., concur.

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BAKES, Justice.

Plaintiff-respondents Wayne Smith and Patricia Smith brought an action seeking to compel the defendant-appellants, Ida Smith, Phillip Smith and Alvie Smith, to convey legal title to a ranch located in Owyhee County, Idaho, and to account for the purchase price. The district court entered a judgment ordering such a conveyance and determining the balance due from plaintiffs to defendants in an accounting. The defendant-appellants have set out twelve assignments of error, all but one of which relate to the sufficiency of the evidence to sustain the judgment of the trial court. We have reviewed the evidence and find that as to those assignments which are relevant to the disposition of this appeal there was substantial, though conflicting evidence to sustain those findings and therefore that portion of the trial court’s action is affirmed. Ivie v. Peck, 94 Idaho 625, 495 P.2d 1110 (1972).

Appellant’s assignment of error number 12 relates to certain alleged hearsay declarations of A. D. Smith, deceased. Those declarations were testified to by at least one witness who was not a party to the proceeding, and therefore properly admitted. I.C. § 9-202(3). See Quayle v. Mackert, 92 Idaho 563, at p. 568, 447 P.2d 679 (1968); In re Kilgore’s Estate, 86 Idaho 386, at p. 393, 387 P.2d 16 (1963). Bell, Handbook of Evidence for the Idaho Lawyer, 2d Ed. (1972), at p. 136 et seq., and p. 143 et seq.

Affirmed. Costs to respondent.

SHEPARD, C. J., and DONALDSON, McQUADE and McFADDEN, JJ., concur.

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521 P.2d 143, 95 Idaho 825, 1974 Ida. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-idaho-1974.

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