Joe Herrmann and Thelma Herrmann v. Arthur

This is an appeal involving a dispute over title to a strip of land. The Herrmanns brought a quiet title action to establish that an existing fence is the boundary line between their property and property owned by the Woodells and the other appellants. The Herrmanns based their claim of ownership of the disputed property, an approximate eighteen-foot wide strip of land on the west side of the fence, on adverse possession or, alternatively, on agreed boundary by acquiescence. The district court entered judgment quieting title in the Herrmanns. The Woodells, and the other appellants who claimed legal title to portions of the disputed strip, have appealed. They primarily question whether the finding by the trial court -- that the Herrmanns were owners of the disputed property under the theories of adverse possession and boundary by agreement -- is supported by substantial, competent evidence. While we agree that the trial court erred in finding that all of the elements of adverse possession were established, we affirm the trial courts decision establishing the Herrmanns ownership based on boundary by acquiescence or implied agreement.