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MAREK v. LAWRENCE

No. 38827.

278 P.3d 920 (2012)

Frank Ronald MAREK and Gayle A. Marek, husband and wife, Plaintiffs-Appellants, v. Earl A. LAWRENCE and Sandra L. Lawrence, husband and wife; Robert C. Johnson, a married man; Sandi Worthington, a married woman, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, May 2012 Term.

May 30, 2012.

Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellants. Paul T. Clark argued.

Mark S. Snyder , Kamiah, argued for respondents.

BURDICK, Chief Justice.

This case concerns the appeal of Frank Ronald Marek and Gayle Marek (the Mareks) of the district court's decision and judgment decreeing the locations of two boundary lines in dispute between the Mareks and Earl A. Lawrence and Sandra L. Lawrence (the Lawrences). As the deed at question in this appeal was unambiguous, we find that the district court impermissibly consulted evidence outside of the language of the deed and we remand for further...

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