Lyman v. Childs
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The Supreme Court affirmed the judgment of the district court concluding that Plaintiffs did not adversely possess their northern neighbors deeded property in the Bighorn Mountains because their use was presumptively permissive, holding that the district court did not clearly err.
Plaintiffs' fancy had enclosed portions of Defendant's deeded property within Plaintiffs' property since the 1950s. Plaintiffs brought this suit requesting that the district court quiet title in the disputed lands. The district court concluded that the fence was built for convenience, and therefore, Plaintiffs failed to meet their burden of actual notice to Defendant of their hostile use of the land. The Supreme Court affirmed the district court's decision quieting title in Defendant and ejecting Plaintiffs from the property, holding that Plaintiffs were not entitled to relief on their allegations of error.
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