State Ex Rel. Evans v. Barnett

BISTLINE, Justice.

The State of Idaho brought this civil action alleging that Albert and Virginia Barnett were trespassing upon State land near the village of Weippe, in Clearwater County. The dispute turns on the location of a section line forming the legal boundary between land owned by the State and the Barnetts’ property. The Barnetts counterclaimed asking the court to hold the section line followed the line of an old fence.

The Barnetts purchased their property in 1966. The fence existed at the time of their purchase. Testimony and documentary evidence established that the fence was very…