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MORRISSEY v. HALEY

No. 20138.

865 P.2d 961 (1993)

124 Idaho 870

Ann MORRISSEY, Plaintiff-Appellant, v. Michael HALEY, Personal Representative of the Estate of Rosemary Haley, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, November 1993 Term.

December 23, 1993.

Attorney(s) appearing for the Case

Kneeland, Korb, Collier, Legg & Haukaas, Ketchum, for plaintiff-appellant. Bruce J. Collier, argued.

Hogue, Speck, Aanestad, P.A., Ketchum, for defendant-respondent. James P. Speck, argued.

BISTLINE, Justice.

BACKGROUND AND PRIOR PROCEEDING

A parcel of land owned by Ann Morrissey in Ketchum, Idaho ("Lot 2") is situated immediately north of the parcel owned by the estate of Rosemary Haley ("Lot 3").1 In 1976, then-owner of Lot 2 (Mike Congdon) and then-owner of Lot 3 (Thomas Drougas) agreed to construct a fence on what they believed to be the boundary between the parcels, based on Congdon's research of the lot lines...

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