DILLON v. CHICAGO & NORTHWESTERN RAILWAY COMPANY

No. 50827.

124 N.W.2d 543 (1963)

James B. DILLON, Appellant, v. CHICAGO & NORTHWESTERN RAILWAY COMPANY, a Corporation, Appellee.

Supreme Court of Iowa.

November 12, 1963.


Attorney(s) appearing for the Case

McQueen, Forker, Dandos & Larson, Sioux City, for appellant.

Sifford & Wadden, Sioux City, and Davis, Huebner, Johnson, Burt & Fulton, Des Moines, for appellee.


SNELL, Justice.

This is a special action under chapter 650 Code of Iowa, I.C.A., to ascertain and establish a disputed boundary.

Plaintiff claims record title. Defendant claims title by acquiescence, adverse possession and estoppel.

Under section 650.15 this appeal is heard as in an action by ordinary proceedings. The appeal is not de novo. The findings of fact by the trial court if supported by substantial evidence are binding on us. Citation of authorities...

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