Kimball v. Turner

LEHMAN, Chief Justice.

The descendants of Rawsel Turner (Raw-sel) are quarreling over 7.3 acres of family ground. Although the 7.3 acre parcel was homesteaded by Rawsel’s son, Deloss Turner, it is enclosed within a fence erected by Rawsel. Rawsel’s successors in interest sought to quiet title in the property by adverse possession or, in the alternative, asserted that the property boundary had been altered by recognition and acquiescence. The district court rejected both theories, finding that the fence was not a boundary fence, but one of convenience. Because we conclude that the district…