WALTER E. WILHITE v. PENSION FUND

No. 21005.

916 P.2d 1264 (1996)

128 Idaho 539

The WALTER E. WILHITE REVOCABLE LIVING TRUST; and Larry A. Wilhite, as Trustee of the Walter E. Wilhite Revocable Living Trust, Plaintiffs, Counter-Defendants, Third Party Defendants-Respondents-Cross Appellants, v. NORTHWEST YEARLY MEETING PENSION FUND, Defendant-Counterclaimant-Third Party Plaintiff-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, September 1995 Term.

Rehearing Denied June 4, 1996.


Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Boise; Ellsworth, May, Sudweeks, Stubbs, Ipsen & Perry, Boise, for appellant. Loren C. Ipsen argued.

Eismann Law Offices, Caldwell, for respondents. Richard B. Eismann argued.


SILAK, Justice.

The plaintiff, the Walter E. Wilhite Revocable Living Trust (Trust), brought this action seeking to rescind a deed of land to the defendant, the Northwest Yearly Meeting Pension Fund (Pension Fund). The deed was given to the Pension Fund allegedly to satisfy a pre-existing debt. The Pension Fund counterclaimed praying that if the deed were rescinded, the debt and security therefor should be reinstated. The district court voided the deed, but refused...

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