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Saunders v. Snyder-Johnson
Terrill A. Saunders and Shirley A. Saunders, Plaintiffs-Appellants/Cross-Appellees
Constance J. Snyder-Johnson and Diane L. Miller, and their unknown heirs, devisees, grantees, assignees, successors in interest and the unknown claimants of the following described real estate situated in Jackson County, Iowa, legally described as, All that part of The Northeast Quarter of the Southeast Quarter of Section Eight (8) Township Eighty-Four (84) North Range Four (4) East of the Fifth Principal Meridian, lying South and West of the center of the public highway known as the Andrew-Spragueville Road, excepting the Northerly five (5) acres (more or less) thereof; And excluding Parcel A according to Plat of Survey dated November 16, 2001 and filed for record November 30, 2001, in Book 1-M, Page 66 of the Office of the Recorder of Jackson County, Iowa., Defendants-Appellees/Cross-Appellants
Attorney for Appellants
David M. Pillers
Attorney for Appellees
Susan M. Hess
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Jackson County, Tamra Roberts, Judge. AFFIRMED. Heard by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (14 pages)
Terrill and Shirley Saunders (collectively Saunders) appeal a district court ruling that denied their claim seeking a new property boundary by acquiescence, contending Constance (Connie) Snyder-Johnson and her daughter, Diane Miller, ceded land up to a fence line that lies on Connie’s land. Connie cross-appeals, claiming the district court erroneously found she had not established an easement by prescription on land the Saunders own. OPINION HOLDS: Under the applicable standard of review, we affirm the district court decision that found the Saunders failed to establish a boundary by acquiescence and denied Connie’s claim for an easement.