Jones v. Dappen

MORGAN, Justice.

On May 12, 1977, Wesley Dappen (Dap-pen) purchased certain real property on a contract for deed from the Sinclairs. At the time the contract for deed was executed, Betty Jones’ (Jones) husband had possession of the property under an oral lease. During his tenancy, Jones’ husband erected a one-mile cross fence within the exterior boundaries of the property. Jones succeeded to her husband’s interest in this fence pursuant to a divorce decree.

Jones sued Dappen for conversion of the fence when Dappen refused to allow her to remove it. Based on a trial before the court held June 2,…