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TURNER v. UNKNOWN CLAIMANTS OF SECTION 4, ETC.

No. 55595.

207 N.W.2d 544 (1973)

Ray TURNER and Margaret Turner, Appellants, v. UNKNOWN CLAIMANTS OF a Strip of LAND One Hundred Feet IN Width Located IN the West One-Half of SECTION 4, TOWNSHIP 87 NORTH, RANGE 32 WEST OF the 5TH PRINCIPAL MERIDIAN, et al., Appellees.

Supreme Court of Iowa.

May 23, 1973.

Attorney(s) appearing for the Case

Kersten, Opheim, Carlson & Estes, Fort Dodge, for appellants.

Ray Licklider, Rockwell City, for appellees.

Heard before MOORE, C. J., and MASON, REES, UHLENHOPP and McCORMICK, JJ.

UHLENHOPP, Justice.

The question in this appeal is whether a strip of land which a railway ceased to use reverted to the present owner of the farm from which it came or passed under a conveyance by the railway to others.

In 1902 the Newton & Northwestern Railroad Company was constructing a railway in Calhoun County, Iowa. The railroad obtained rights of way across some farms by condemnation. It located a strip of land across the farm of Plympton Babcock...

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