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STATE EX REL. EVANS v. BARNETT

No. 17710.

776 P.2d 438 (1989)

116 Idaho 429

STATE of Idaho, ex rel.; John V. EVANS, Governor; Pete Cenarrusa, Secretary of State; Jim Jones, Attorney General; Joe R. Williams, State Auditor; and Jerry L. Evans, Superintendent of Public Instruction, as the State Board of Land Commissioners, and Stanley F. Hamilton, Director, Department of Lands, Plaintiffs-Appellants, v. Albert E. BARNETT and Virginia L. Barnett, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

June 21, 1989.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., and Clive Strong, Deputy Atty. Gen., Boise, and Steven J. Schuster, Deputy Atty. Gen. for Dept. of Lands, Boise, for plaintiffs-appellants. Steven J. Schuster argued.

Robert E. Kinney, Orofino, for defendants-respondents.

BISTLINE, Justice.

The State of Idaho brought this civil action alleging that Albert and Virginia Barnett were trespassing upon State land near the village of Weippe, in Clearwater County. The dispute turns on the location of a section line forming the legal boundary between land owned by the State and the Barnetts' property. The Barnetts counterclaimed asking the court to hold the section line followed the line of an old fence.

The Barnetts purchased their...

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