Glenn A. Anderson and Ruth J. Anderson v‪.‬

Glenn A. Anderson and Ruth L. Anderson, appellants, purchased a parcel of real property in Fremont County on July 15, 1966, by a warranty deed for $1,250.00. The deed was recorded July 29, 1966. A title insurance policy was purchased on the land through defendants-respondents Fremont Title and Trust Company as an agent for The Title Insurance Company. Prior to the issuance of the policy, a preliminary report was given to appellant's counsel. In 1978, representatives of the Idaho Fish and Game Department apprised appellants of the existence of a prior conveyance to the State of Idaho in 1920 which granted to the State fee title to land on either side of the stream which passed through the property in question. It was conceded for purposes of the summary judgment that the conveyance to the state was genuine and had been properly recorded but that it had not been excepted from the title insurance policy upon which this suit was founded. Respondents tendered to appellants the amount of the policy, $1,250.00, and deposited this amount to the court, but this was refused by appellants. Appellants filed a complaint in January, 1979, against the Title Insurance Company and Fremont Title Company, respondents, alleging breach of policy terms; negligence on part of Fremont; negligence on the part of The Title Insurance Company by reason of negligence of its agent for failure to report the lien of the State. Motions for summary judgment were filed by defendants.