Atkin v. Westfall

This is an equity action to quiet title to a strip of ground 100 feet wide and nearly 1000 feet long, containing about two acres, abandoned as a railroad right of way in 1938. Following trial the district court quieted title in plaintiff. Defendant has appealed. We affirm the decree.

The strip in controversy extends due east from the Iowa River which flows southeast. Plaintiff, Hazel Atkin, owns a narrow strip about 175 feet wide at its south end extending northwest along the east bank of the. river from the west end of the abandoned right of way. The east line of this strip of plaintiff’s…