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MILLER v. CALLEAR

No. 29588.

91 P.3d 1117 (2004)

140 Idaho 213

Laurella F. MILLER, a widow, and Robert Mostek and Allen G. Miller, Co-Trustees of the Testamentary Trust of Kenneth W. Miller, Deceased, Plaintiffs-Respondents, v. Clark E. CALLEAR and Leeann Callear, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, April 2004 Term.

May 20, 2004.

Attorney(s) appearing for the Case

Clinton J. Henderson, Clarkston, Washington, for appellants. Mr. Henderson argued.

Clements, Brown & McNichols, Lewiston, for respondents. Michael E. McNichols argued.

EISMANN, Justice.

This is an appeal from a judgment determining the boundary between adjoining landowners and awarding damages for timber trespass. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

The dispute in this case centers upon whether the Wells Bench County Road is the boundary between property owned by Laurella Miller and the Testamentary Trust of Kenneth Miller (the Millers) and property owned by Clark and Leeann...

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