NOTELZAH, INC. v. DESTIVAL

No. 91-407.

489 N.W.2d 744 (1992)

NOTELZAH, INC., Appellee, v. Delmon DESTIVAL, et al., Appellants.

Supreme Court of Iowa.

September 23, 1992.


Attorney(s) appearing for the Case

Larry F. Woods, Oelwein, for appellants.

Franklin W. Sauer, Independence, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.


HARRIS, Justice.

Plaintiff purchased abandoned right of way from a railroad. Defendants, who are adjacent landowners, appeal from a decree quieting title in the plaintiff. We affirm in part, reverse in part, and remand.

The disputed land is in Hazleton, Iowa. It was purchased by the Burlington, Cedar Rapids and Minnesota Railroad (BCRMR) in 1872. A number of deeds, some of them labeled "deed for right of way" and some labeled "warranty deed," were involved...

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