Aldape v. Akins

BURNETT, Judge.

In this appeal we apply the doctrine of res judicata to a quiet title action. The case represents a second round of litigation over title to land lying between the present course of the Boise River and its former riverbed. All of the parties own real property along the river. Movement of the stream has increased the dry land occupied by the Aldape family, and has flooded property owned by the other parties.

The first round of litigation began when the Aldapes filed a quiet title action against numerous record owners, including defendants Akins and Nesbitt, asserting title to the…