Acord v. Pettit

Siddoway, A.C.J.

¶43 (dissenting) — The outcome of this trial turned substantially on the trial court’s decision to admit the testimony of Fred Chandler, given in a different case tried 15 years before this one and over 4 years before Britton and Lynnette Pettit acquired their property. I agree with the majority that the trial court acted within its discretion in concluding that the defendants in that case— Carl and Donna Thomsen — had an opportunity and similar motive to cross-examine Mr. Chandler concerning the location, use, and time of construction of what he contended was a boundary fence…