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NOVOTNY v. ROBBINS

No. 91-1196.

492 N.W.2d 216 (1992)

Kenneth Joseph NOVOTNY, Plaintiff-Appellee, v. Ernest E. ROBBINS and Lois L. Robbins, Defendants-Appellants, and Bryon L. Wiscons and Sandra M. Miller, Defendants.

Court of Appeals of Iowa.

August 27, 1992.

Attorney(s) appearing for the Case

Jon M. Kinnamon and Walter McNamara, Cedar Rapids, for defendants-appellants.

Franklin R. York, Cedar Rapids, for plaintiff-appellee.

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

SCHLEGEL, Judge.

The defendants, Ernest and Lois Robbins, appeal an action to quiet title. The district court ruled the plaintiff, Kenneth Novotny, proved a fence line was a boundary line and the Robbins had acquiesced to this boundary line for more than ten consecutive years. The Robbins contend the district court erred in finding Novotny achieved his burden of proving that the establishment of a fence and the circumstances surrounding its position and duration constituted...

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