AGUIRRE v. HAMLIN

No. 8596.

327 P.2d 349 (1958)

Victor AGUIRRE, Plaintiff-Appellant, v. Denver A. HAMLIN, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied July 29, 1958.


Attorney(s) appearing for the Case

Robert F. McLaughlin, Mountain Home, Carver, McClenahan & Greenfield, Boise, for appellant.

Perce Hall, Mountain Home, for respondent.


SMITH, Justice.

Appellant during 1945 acquired and is the owner of the south half, and respondent during 1953 acquired and is the owner of the north half, of the northeast quarter of the southwest quarter of section 12, township 4 north, of range 6 east of the Boise Meridian, in Elmore County, Idaho. Both parcels prior to 1938, were unenclosed sagebrush land.

During the year 1938, one Tobin, appellant's predecessor in interest, cleared the land now owned by...

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