Loomis v. Union Pacific Railroad Company

The trial court in this case found the existence of a substantial enclosure of the *347property in issue and concluded that this satisfied the enclosure requirement of I.C. § 5-210. The majority on appeal finds error in that conclusion. The trial court found against the plaintiffs in their assertion of adverse possession by its conclusion that the claimants had failed to prove their payment of taxes thereon. The majority does not discuss nor dispose of that finding and conclusion by the trial court nor appellants’ assertion that Scott v. Gubler, supra, and Standall v. Teater, supra, support…