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BODE v. BODE

No. C7-92-714.

494 N.W.2d 301 (1992)

Louis BODE, Appellant, v. Myron BODE, et al., Defendants and Third-Party Plaintiffs, Respondents, v. Lynn BODE, Third-Party Defendant, Appellant.

Court of Appeals of Minnesota.

December 29, 1992.

Attorney(s) appearing for the Case

Robert M. Halvorson, Gislason, Dosland, Hunter, & Malecki, New Ulm, for appellants.

Bailey W. Blethen, Blethen, Gage & Krause, Mankato, for defendants and third-party plaintiffs, respondents.

Considered and decided by NORTON, P.J., and KALITOWSKI and HARTEN, JJ.

OPINION

NORTON, Judge.

FACTS

Ted Bode (Ted) owned a quarter section of farmland near Nicollet, Minnesota. In 1943, he sold 13 acres of this land to each of his brothers, Hilbert Bode (Hilbert) and Louis Bode (Louis). (See Figure 1.) Because Louis' tract had no access to any public road and was bounded on the north and east by the land of strangers, he drove his farm equipment across Ted's land to reach his tract. Louis usually took the shortest...

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