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SCHWARTZ v. GROSSMAN

No. 53569.

173 N.W.2d 57 (1969)

Ben SCHWARTZ, Appellee, v. Richard C. GROSSMAN; Lucy D. Grossman; Dee Gee, Inc., a Corporation; Kenneth Andris, Glen Andris, Jess Andris, Verlin Stauffer, also known as Verlyn Stauffer doing business as Sandy's of Marshalltown; and Sandy's of Marshalltown, Inc., Appellants.

Supreme Court of Iowa.

December 9, 1969.

Attorney(s) appearing for the Case

Haupert, Robertson & Johnson, and Tye, Mills, Grimes & Peterson, Marshalltown, for appellants.

Cartwright, Druker, Ryden & Fagg, Marshalltown, for appellee.

LeGRAND, Justice.

This dispute involves an easement over the South 12 feet of Lots 1, 2, and 3 in Widl's Subdivision of Lots 1 and 10, Block 3, Anson's subdivision of Anson's Subdivision of the West Half of the Southeast Quarter of Section Thirty-five, Township Eight-Four North, Range Eighteen West of the 5th P.M., Marshall County, Iowa.

Plaintiff owns Lot 4 of that subdivision and claims the right to use the south 12 feet of Lots 1, 2, and 3 as an alley under...

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