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JOHNSTON v. DISTRICT TOWNSHIP OF ELLSWORTH

No. 49340.

93 N.W.2d 132 (1958)

Wayburn E. JOHNSTON, Plaintiff (Appellee), v. DISTRICT TOWNSHIP OF ELLSWORTH, EMMET COUNTY, Iowa, Also Known As the School Township of Ellsworth in the County of Emmet, State of Iowa, Defendant (Appellant).

Supreme Court of Iowa.

Rehearing Denied January 16, 1959.

Attorney(s) appearing for the Case

Fitzgibbons & Fitzgibbons, Estherville, for appellant.

Gamble, Read, Howland, Gamble & Riepe, Des Moines, Kennedy & Clark, Estherville, and C. J. Eisler, Minneapolis, Minn., for appellee.

LINNAN, Justice.

On June 9, 1905, Martin Sheley, the then owner of the Southeast Quarter (SE¼) of Section Fourteen (14), Township One Hundred (100) North, Range Thirty-three (33), West of the Fifth P.M., executed to the defendant school district a deed to a tract of land in the southeast corner of said quarter section described by metes and bounds containing 75/100 acres for a consideration of $1, which deed recited: "Said conveyance being made for school house...

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