Knapp v. Daily

Plaintiffs appeal from a judgment denying their claim for the cost of one-half of a fence built between their property and that of defendants and awarding defendants damages for timber trespass. We affirm.

Plaintiffs replaced a one mile long livestock fence that separated plaintiffs’ and defendants’ ranches. The old fence, which had been standing for over 40 years, meandered back and forth across the straight property line described in the deeds to the two parcels. During the 12 years that defendants owned the neighboring property before the new fence was built, both parties allowed their…