ALDAPE v. AKINS

No. 14254.

668 P.2d 130 (1983)

105 Idaho 254

Elias ALDAPE, Jr., and Margaret Aldape, husband and wife, and Michael Jess Aldape and Conchita Aldape, husband and wife, Plaintiffs-Respondents, v. Paul AKINS and Mary Akins, husband and wife, and Donald B. Nesbitt and Betty L. Nesbitt, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

Petition for Review Denied October 5, 1983.


Attorney(s) appearing for the Case

Thomas A. Miller and Joseph D. McCollum, Jr., of Hawley, Troxell, Ennis & Hawley, Boise, for appellant.

Kenneth L. Pursley and Kenneth L. Mallea of Givens, McDevitt, Pursley & Webb, Boise, for appellee.


BURNETT, Judge.

In this appeal we apply the doctrine of res judicata to a quiet title action. The case represents a second round of litigation over title to land lying between the present course of the Boise River and its former riverbed. All of the parties own real property along the river. Movement of the stream has increased the dry land occupied by the Aldape family, and has flooded property owned by the other parties.

The first round of litigation began...

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