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NESBITT v. WOLFKIEL

No. 12510.

598 P.2d 1046 (1979)

100 Idaho 396

Donald B. NESBITT and Betty L. Nesbitt, husband and wife, Plaintiffs-Appellants, v. Albert WOLFKIEL and Ruth Wolfkiel, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied September 7, 1979.

Attorney(s) appearing for the Case

Roger L. Williams of Schiller, Williams & Schiller, Nampa, for plaintiffs-appellants.

Leon R. Weeks of Weeks, Yost, White & Ahrens, Nampa, for defendants-respondents.

DONALDSON, Justice.

Appellants, Donald and Betty Nesbitt, originally brought this action in district court seeking damages for the respondents', Albert and Ruth Wolfkiel, alleged willful trespass upon land purportedly belonging to the Nesbitts. The Wolfkiels denied any trespass, and asserted that they are the owners of the land in question and that the Nesbitts are the trespassers. In a memorandum opinion after a trial on the merits, the trial court held that the...

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