Harrington v. Kessler

Colfax Terrace,' an addition to Council Bluffs, Iowa, consists of four lots, each approximately 92 feet deep and 40 feet wide. It fronts.on Colfax Street, is bounded on the right by Elder Street, and on the left by a platted but unopened alley. These lots are fairly level after a sharp rise from Colfax Street, a rise that necessitates some 17 steps from the street to the level part of the lots. At the time the plat of Colfax Terrace was filed for record, the plattors and then titleholders provided:

“It is our intention and we do' hereby dedicate an easement across the rear of lots 1, 2, 3 and…