State ex rel. Evans v. Barnett

SWANSTROM, Judge.

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 the section line forming the legal boundary between the land owned by the state in one section and the Barnetts’ unsurveyed tract in another section. The Barnetts counterclaimed asking the court to hold that the section line followed the line of an old fence. The district court held for the Barnetts and the state appeals.

The determinative question is whether the district…