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RUTAR FARMS & LIVESTOCK, INC. v. FUSS

No. 5684.

651 P.2d 1129 (1982)

RUTAR FARMS AND LIVESTOCK, INC., a Wyoming Corporation, and Rudolph J. Rutar, Appellants (Plaintiffs), v. Ronald D. FUSS and Margie D. Fuss, husband and wife, Appellees (Defendants), v. The STATE of Wyoming, acting Through the WYOMING GAME AND FISH COMMISSION, Appellee (Defendant and Third-Party Plaintiff), v. Leon EISENBARTH and Lillian Alma Eisenbarth, Appellees (Third-Party Defendants).

Supreme Court of Wyoming.

October 4, 1982.

Attorney(s) appearing for the Case

Frank J. Jones, Wheatland, for appellants.

Steve Graham of Jones & Graham Law Offices, Torrington, for appellees Fuss.

Thomas C. Bogus, Sr. Asst. Atty. Gen., Cheyenne, for appellee State of Wyoming, acting through the Wyoming Game and Fish Commission.

Stanley K. Hathaway and Richard J. Barrett of Hathaway, Speight & Kunz, Cheyenne, for appellees Eisenbarth.

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

BROWN, Justice.

Appellants sued in the district court to quiet title to about 31 acres of land. Their theory of recovery was ownership by adverse possession. Appellees Fuss and the State of Wyoming are record titleholders of the disputed land. The trial judge entered judgment in favor of the record titleholders and quieted title in them. Appellants designate the issues as follows:

1. Did the plaintiffs and their predecessors in interest have actual, open...

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