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JOHNSON v. NEWPORT

No. 23887.

960 P.2d 742 (1998)

131 Idaho 521

Blake R. JOHNSON and Frank W. Johnson, Plaintiffs-Counterdefendants-Respondents, v. John NEWPORT and Judy Newport, Defendants-Counterdefendants-Appellants.

Supreme Court of Idaho, Pocatello, May 1998 Term.

July 1, 1998.

Attorney(s) appearing for the Case

Eliasen Law Offices, American Falls, for appellants. Lyle Eliasen argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for respondents. John R. Goodell argued.

JOHNSON, Justice.

This is a boundary dispute case. We affirm the trial court's decision quieting title based on the doctrine of boundary by implied agreement.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

John and Judy Newport (the Newports) and Blake R. and Frank W. Johnson (the Johnsons) are owners of adjacent real property (the properties) in Power County. The Newports own the land to the west of the boundary between the properties. The

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