ATKIN v. WESTFALL

No. 48686.

69 N.W.2d 523 (1955)

Hazel ATKIN, Appellee, v. Lewis J. WESTFALL, Appellant.

Supreme Court of Iowa.

April 5, 1955.


Attorney(s) appearing for the Case

Ries & Osmundson, Iowa City, for appellant.

Hamilton & Cahill, Iowa City, for appellee.


GARFIELD, Justice.

This is an equity action to quiet title to a strip of ground 100 feet wide and nearly 1,000 feet long, containing about two acres, abandoned as a railroad right of way in 1938. Following trial the district court quieted title in plaintiff. Defendant has appealed. We affirm the decree.

The strip in controversy extends due east from the Iowa river which flows southeast. Plaintiff, Hazel Atkin, owns a narrow strip about 175 feet wide at its...

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