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Davisson v. Gwartney
Charles Davisson, Plaintiff/Counter-Defendant-Appellant
Buckey Gwartney and Elizabeth Gwartney, Defendants/Counter-Plaintiffs-Appellees
Attorneys for Counter Defendant-Appellant
Peter C. Riley and Patrick Joseph Riley
Attorney for Counter Plaintiffs-Appellees
Matthew G. Barnd
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge. AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ. Opinion by Buller, J. (7 pages)
Charles Davisson appeals from the grant of summary judgment rejecting his claim of boundary acquiescence with a neighboring property and from the denial of his motion to examine certain affiants. OPINION HOLDS: The evidence is not sufficiently definite to generate a fact question on boundary acquiescence, and the district court did not abuse its discretion in denying Davisson’s motion to examine affiants after he failed to explain the need for this discovery.
