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DEARINGER v. PEERY

No. 85-405.

387 N.W.2d 367 (1986)

Clifford DEARINGER and Howard L. Dearinger, Plaintiffs-Appellants, v. Kenneth PEERY, Earl Hendricks, and Randy Taylor, as Trustees, Elk Creek Township, Jasper County, Iowa; and William D. Van Wyk, Elvin E. Van Wyk and Patricia M. Van Wyk, Defendants-Appellees.

Court of Appeals of Iowa.

March 31, 1986.

Attorney(s) appearing for the Case

John P. Dollar, of Seery & Dollary, Des Moines, for plaintiffs-appellants.

Charles W. Larson, of Walker, Neighbor, Larson & Billingsley, Newton, for defendant-appellees Trustees of Elk Creek Tp.

Bert A. Bandstra, Knoxville, for defendants-appellees Van Wyks.

Considered by SCHLEGEL, P.J., and HAYDEN and SACKETT, JJ.

SCHLEGEL, Presiding Judge.

This case involves an old one-acre cemetery known as the Dearinger Cemetery located in Elk Creek Township, Jasper County, Iowa. The cemetery was originally owned by Jacob Dearinger in the mid-1800s, but by 1860, the general public had begun to use Dearinger Cemetery as their final resting place. It is unclear exactly what arrangements were made between the Dearingers and the general public, but by the turn of the century it is estimated...

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