CECIL v. GAGNEBIN

No. 34412.

202 P.3d 1 (2009)

Ronald CECIL and Darcy Cecil, husband and wife, Plaintiffs-Respondents, v. Michael GAGNEBIN and Tana Gagnebin, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, December 2008 Term.

January 22, 2009.


Attorney(s) appearing for the Case

Sallaz and Gatewood, Chtd., Boise, for appellants. Gary L. Quigley argued.

Hall, Farley, Oberrecht & Blanton, Boise, for respondents. Randall L. Schmitz argued.


EISMANN, Chief Justice.

This is an appeal from a judgment establishing a boundary by agreement on a motion for summary judgment and from a judgment awarding costs and attorney fees. There was an existing fence designating about one-half of the parties' common boundary. The complaint alleged that the existing fence was presumed to have been erected based upon a boundary by agreement reached by the parties' predecessors in interest. The issue of the location of the...

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