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HUEBNER v. KUBERSKI

No. 85-78.

387 N.W.2d 144 (1986)

Russell L. HUEBNER and Mardel L. Huebner, Plaintiffs-Appellees, v. Sylvester KUBERSKI, Defendant-Appellant.

Court of Appeals of Iowa.

January 29, 1986.

Attorney(s) appearing for the Case

Richard L. Stevens and John R. Newman of Stevens & Newman, Davenport, for defendant-appellant.

Jack D. Darland of Wells, Brubaker, de Silva, Flynn & Darland, P.C., Davenport, for plaintiffs-appellees.

Considered by OXBERGER, C.J., and SNELL and HAYDEN, JJ.

OXBERGER, Chief Judge.

The petition below was brought by landowners claiming that the defendant was encroaching upon his land. The defendant stated the boundary was such that he was not encroaching on the land, and in the alternative stated title was now in his name through adverse possession for more than ten years. The court denied the claim of adverse possession and ordered a commission be appointed. The defendant has appealed. We affirm in part and reverse in...

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