Brown v. Brodell

20080005 George Brown, Plaintiff and Appellee
v.
Jerry Brodell, Sr., and
Jerry (Friz) Brodell, Jr., Defendants and Appellants

Appeal from: District Court, Southeast Judicial District, Eddy County
Judge James M. Bekken
Nature of Action: Real Property
Counsel:
Appellant: Cameron D. Sillers, PC
Appellee: Serkland Law Firm
Term: 09/2008   Argument: 09/16/2008  11:00am
ND cite: 2008 ND 183
NW cite: 756 N.W.2d 779

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Issues: Appellant's Statement of the Issues:
1) Did the Trial Court err in failing to give credible weight to silence and conduct on the part of Brown and his predecessors and the presumptions arising therefrom?
2) Did the Trial Court err in failing to find the fence line was recognized by both owners as the boundary line for the requisite number of years?

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Docket entries:
101/07/2008 NOTICE OF APPEAL: 01/03/2008
201/08/2008 ORDER FOR TRANSCRIPT: 01/08/2008
301/31/2008 RECORD ON APPEAL (3 Volumes) and Separates (Entry Nos.. 84 & 85).
402/27/2008 MOT. EXT/TIME TRANSCRIPT
502/27/2008 ACTION BY TRIAL COURT (TRA). Granted: 04/07/2008
604/05/2008 TRANSCRIPT DATED June 5, 2007
704/21/2008 DISK - tra (6-5-07) (e-mail)
804/22/2008 Corrected cover page for TRA
905/14/2008 APPELLANT BRIEF
1005/14/2008 APPELLANT APPENDIX
1105/14/2008 DISK of ATB (e-mailed)
1205/15/2008 Affidavit of Service by Mail for ATB
1306/16/2008 APPELLEE BRIEF
1406/16/2008 E-FILED BRIEF - AEB
1506/17/2008 Received $25 surcharge for AEB (Receipt #18138)
1606/20/2008 Received 7 copies of AEB from Central Duplicating.
1707/02/2008 REPLY BRIEF of Appellants
1807/02/2008 DISK - ryb (e-mailed)
1909/16/2008 APPEARANCES: Cameron D. Sillers; Roger J. Minch
2009/16/2008 ARGUED: Sillers; Minch
2109/16/2008 ORAL ARGUMENT WEBCAST
2210/22/2008 DISPOSITION: AFFIRMED
2310/22/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
2410/22/2008 Costs on appeal taxed in favor of appellee.
2510/23/2008 Judgment e-mailed to Parties
2611/18/2008 MANDATE
2711/21/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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