Nesbitt v. Wolfkiel

DONALDSON, Justice.

Appellants, Donald and Betty Nesbitt, originally brought this action in district court seeking damages for the respondents’, Albert and Ruth Wolfkiel, alleged willful trespass upon land purportedly belonging to the Nesbitts. The Wolfkiels denied any trespass, and asserted that they are the owners of the land in question and that the Nesbitts are the trespassers. In a memorandum opinion after a trial on the merits, the trial court held that the Wolfkiels acquired title to the disputed property by accretion as well as adverse possession. The Nesbitts then brought this appeal.

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