Miller v. Callear

EISMANN, Justice.

This is an appeal from a judgment determining the boundary between adjoining landowners and awarding damages for timber trespass. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

The dispute in this ease centers upon whether the Wells Bench County Road is the boundary between property owned by Laurella Miller and the Testamentary Trust of Kenneth Miller (the Millers) and property owned by Clark and Leeann Callear (the Callears). From 1947 until 1964, Lou and Ethel Fay owned both properties as one parcel. In 1964 they hired surveyor Sam Garten to…