SILA v. SAUNDERS

No. S-06-1160.

743 N.W.2d 641 (2008)

274 Neb. 809

Aaron SILA, Appellee v. Kirk SAUNDERS, Appellant.

Supreme Court of Nebraska.

January 11, 2008.


Attorney(s) appearing for the Case

Lance D. Ehmcke, Jeremy J. Cross, and Joel D. Vos, of Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P., Sioux City, IA, for appellant.

Paul W. Deck, of Deck & Deck, L.L.P., Sioux City, IA, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


McCORMACK, J.

NATURE OF CASE

Aaron Sila brought this action under Neb.Rev.Stat. § 34-301 (Reissue 2004), to establish the east boundary line of his property adjoining the property of the defendant, Kirk Saunders. Sila sought to establish the boundary line in accordance with the original government survey. Kirk asserted that under theories of mutual acquiescence and adverse possession, the historically recognized boundary should instead be acknowledged...

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