SIMONSEN v. TODD

No. 52641.

154 N.W.2d 730 (1967)

Merle W. SIMONSEN, Appellee, v. John TODD, Appellant.

Supreme Court of Iowa.

December 12, 1967.


Attorney(s) appearing for the Case

Crary & Huff, by David R. Crary, and Robert J. Crary, Sioux City, for appellant.

Kindig, Beebe, McCluhan & Rawlings, by Robert E. Beebe, Sioux City, and McCulla & Moen, by Harlan T. Moen, Cherokee, for appellee.


STUART, Justice.

Plaintiff brought this action to enjoin defendant from interfering with his use of a right of way across defendant's land alleged to have been established by prescription. Defendant counterclaimed seeking to have a fence line established as a boundary fence. The trial court held the right of way was established, enjoined defendant from interfering with its use and awarded plaintiff damages for crops lost in the years defendant prevented plaintiff...

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