JACOBS v. MILLER

No. 50366.

111 N.W.2d 673 (1961)

Bernice Pangborn JACOBS and H. V. Pangborn, Appellees, v. Carlyle MILLER et al. And All Unknown Claimants to the Real Estate Described as Follows: Commencing at a point 33 feet west and 2,043 feet south of the northeast corner of Section 25, Township 84 North, Range Two (2) East of the Fifth P.M. in Jackson County, Iowa, being the center line of the main track (now removed) of the Chicago and Northwestern Railway Company, the point of beginning; thence south along the west line of South Main Street in the City of Maquoketa, Iowa 125 feet; thence South 88 degrees-fifteen minutes west 845 feet; thence north one degree-forty-five minutes west 75 feet; thence south 88 degrees-fifteen minutes west 400 feet to the east line of South Fifth Street; thence North along the east line of said South Fifth Street 50 feet to the center line of said main track and also north along the east line of said South Fifth Street 50 feet to the north Right of Way line of said Railway Company; thence north 88 degrees-fifteen minutes east 400 feet; thence north one degree-forty-five minutes west 50 feet; thence north 88 degrees-fifteen minutes east 845 feet to the west line of said South Main Street; thence south along the west line of said South Main Street 100 feet to the point of beginning, containing 5.28 acres more or less, all in Jackson County, Iowa, Appellants.

Supreme Court of Iowa.

November 14, 1961.


Attorney(s) appearing for the Case

Holleran, Holleran & Shaw, Clinton, for appellants (except Sinclair Refining Co.).

E. C. Halbach and Lloyd G. Jackson, Clinton, for appellees.


THORNTON, Justice.

This is an action to quiet title to a portion of an abandoned railroad right of way in Maquoketa. Plaintiffs claim title by virtue of reversionary clauses in the deeds given to the railroads and defendants claim as abutting owners and is a separate division, ask Adams Street and Third Street as platted be declared to be established as public streets in Maquoketa. The trial court quieted title in plaintiffs and defendants appeal.

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