Doenz v. Garber

RAPER, Justice, Retired.

The genesis of this appeal is an action brought by plaintiffs (appellees) to quiet title in 3.01 acres of land claimed by adverse possession as against defendants (appellants) for over ten years. The trial court, after making findings of fact and conclusions of law, entered judgment for the appellees but required them, at their expense, to replace the fence removed by appellants before appellees asserted their claim. Appellees do not appeal that part of the judgment.

The issues, as presented by the appellants, are:

1.“Whether the appellees have been in actual, open,…