NORWOOD v. STEVENS

No. 13813.

655 P.2d 938 (1982)

104 Idaho 44

Virgil NORWOOD and Ardith Norwood, husband and wife, Arthur Allen and Jane Audrey Allen, husband and wife, James F. Lettman and Shirley C. Lettman, husband and wife, Mrs. Francis Kyte, a single person, John E. McGraw and Lois L. McGraw, husband and wife, Tom Rogers and Rebecca Rogers, husband and wife, and Ernst Mac Billiard and Janet L. Billiard, husband and wife, Plaintiffs-Appellants, v. Raleigh STEVENS and Virginia Stevens, husband and wife, and John Doe I Through John Doe X, and Unknown Heirs and Devisees of Raleigh Stevens, Virginia Stevens and John Doe I Through John Doe X and all unknown persons claiming any right, title, estate, lien or interest in the south 21 feet and the west 59 feet of the northeast ¼ of the northeast ¼ of section 13, township 7 south, range 13 east of the Boise Meridian in Gooding County, Idaho, adverse to plaintiffs' ownership or cloud upon plaintiffs' title thereto, Defendants-Respondents.

Court of Appeals of Idaho.

December 21, 1982.


Attorney(s) appearing for the Case

Frank J. Dykas, Weaver & Dykas, Buhl, for plaintiffs-appellants.

Gary W. Shaw, Gooding, for defendants-respondents.


BURNETT, Judge.

Here we encounter two groups of landowners whose properties long have shared a common boundary, but who now dispute the location of the line. The Norwood group asserts that the boundary was established by Virgil Norwood and Raleigh Stevens when they and their spouses were sole owners of the properties. In 1960, Norwood and Stevens orally agreed that the true boundary was located along a fence line. In 1965...

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