JOHNSON v. SWEENEY

No. 9920.

430 P.2d 883 (1967)

Clyde JOHNSON and Ruby Johnson, husband and wife, Plaintiffs-Appellants, v. Hugh SWEENEY, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied September 7, 1967.


Attorney(s) appearing for the Case

J. H. Felton, Lewiston, for plaintiffs-appellants.

Ware, Stellmon & O'Connell, Lewiston, for defendant-respondent.


McQUADE, Justice.

A line fence in poor repair, extending approximately three-quarters of a mile, was a common border between land occupied by appellants, Clyde Johnson and his wife Ruby, and land occupied by respondent, Hugh Sweeney. Both parcels are located in Nez Perce County, Idaho, and at the time of concern each parcel was partly cultivated and partly used for pasture. From May until winter of 1965, cattle belonging to each party went back and forth through one...

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