Kroulik v. Knuppel

634 P.2d 1027 (1981)

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Nature of the Case

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Facts

In 1944, P acquired certain real property. In 1973, D acquired property adjacent to P's' land by a deed which described his property as lying west of the east bank of the Animas River. Dl's deed contained courses and distances locating the east bank of the Animas River, which description placed the boundary between the parties' properties on the east side of the gravel bar in question and within the described boundaries of Dl's property. D became the record owner of the disputed property in 1973. D leased the gravel bar to Burnett in 1976, and Burnett conducted gravel mining operations there until 1977. P sued D claiming that P owned the disputed land by adverse possession. P sought damages caused by the unauthorized removal of gravel and destruction of property (a 73-year-old pine tree). The court ruled that P had acquired title to the property by adverse possession and by the doctrine of accretion and that Ds had damaged the property by removing gravel and by destroying a 73-year old pine tree. An expert testified the pine tree was worth. The tree was a 50-foot-tall pine tree located on a promontory overlooking the river. No other trees of that size were visible in that locale. Several witnesses testified with respect to the particular grace, majesty, and beauty of this isolated tree in that setting. The only evidence of the value of the tree introduced at trial was the uncontroverted testimony of an expert witness that had valued the pine at $8.40 for lumber and $229.63 for aesthetic value. The court also awarded P the royalty payments made for the extracted gravel. The trial court entered judgment for plaintiffs in the amount of $14,189.54 for the gravel extraction, $1,500 for the destruction of the pine tree, $10 for damage to real property, and costs of $114.35. D appealed.