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WILSON v. BIVINS

No. 16872.

749 P.2d 4 (1988)

113 Idaho 865

Don WILSON and Virginia Wilson, husband and wife, Plaintiffs-Respondents, v. Blake L. BIVINS, Sr., a single person, Defendant-Appellant. and Floyd Kreps, a single person, Defendant.

Court of Appeals of Idaho.

January 27, 1988.

Attorney(s) appearing for the Case

David Lee Posey, Payette, for defendant-appellant.

William F. Gigray III (Gigray, Miller, Downen & Paisley), Caldwell, for plaintiffs-respondents.

PER CURIAM.

This appeal presents a question of appellate jurisdiction. It comes to us from a default judgment entered upon a complaint filed by Don and Virginia Wilson, owners of rural land in Payette County. The Wilsons alleged that two neighboring landowners, Blake L. Bivins, Sr., and Floyd Kreps, were obstructing or failing to maintain an irrigation ditch, thereby causing water to flood the Wilsons' property. The Wilsons sought a determination of responsibility...

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