BRAY v. HARDY

No. 49182.

82 N.W.2d 671 (1957)

Lucelle E. BRAY, Appellee, v. Earl HARDY, Elizabeth Hardy, and Karen Investment, Inc., Appellants.

Supreme Court of Iowa.

May 7, 1957.


Attorney(s) appearing for the Case

J. Allen Orr, Sioux City, for appellants.

W. A. Dutton, Sioux City, for appellee.


THOMPSON, Justice.

We are here concerned with a claim of an easement by implied reservation. Plaintiff's petition first pleaded that the easement arose by prescription; but since only a sidewalk for foot traffic was involved, she was immediately confronted by section 564.3, Code of 1954, I.C.A. which provides that no right of footway shall be acquired by prescription or adverse possession. Thereupon she mended her hold, and by an amendment to her petition pleaded...

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