No. 9004.

365 P.2d 952 (1961)

Virgil O. SINNETT and Grayce L. Sinnett, Husband and Wife, Plaintiffs-Respondents, v. Stephen WERELUS and Ernestine Werelus, Husband and Wife, Defendants-Appellants.

Supreme Court of Idaho.

October 31, 1961.

Attorney(s) appearing for the Case

R. M. Whittier, Pocatello, for appellants.

Jayson C. Holladay, Pocatello, for respondents.

KNUDSON, Justice.

Appellants are owners of residence property in the city of Pocatello which is bounded on the north by residence property owned by respondents. Both properties are bounded on the west by South Fourth Street and on the east by an alley. Prior to 1919 a dwelling, which faces west, was built on each of said lots.

A strip of ground approximately 10 ft. in width (hereinafter referred to as a "driveway") separates the two dwellings and the boundary...


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