D.A. SHORES v. D.L. LINDSEY

No. 5000.

591 P.2d 895 (1979)

D.A. SHORES and Kathleen Shores, husband and wife, Appellants (Defendants below), v. D.L. LINDSEY and Rose M. Lindsey, husband and wife, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

May 3, 1979.


Attorney(s) appearing for the Case

Christian S. Hinckley, of Hinckley & Hinckley, Basin, for appellants.

Otis W. Beach, of Wolfe, Griffith & Beach, P.C., Fort Collins, Colo., for appellees.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.


ROONEY, Justice.

Appellees-plaintiffs instituted an action against appellants-defendants for recovery of a strip of land for which they held record title but which was enclosed by a fence with adjacent land of defendants. Defendants assert ownership through adverse possession. Following a trial to the court, judgment was entered for plaintiffs. We will reverse.

The primary assignment of error is that the court's failure to make a finding of fact as to the...

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