Davelaar v. Marion County

This case was originally submitted at the June 1937 period of the May term. Petition for rehearing was granted and the case reargued and again submitted. While we reach the same conclusion, it is deemed advisable, because of a misstatement of some of the facts, that the former opinion which appears in 274 N. W. 305 should be, and the same is, withdrawn. The plaintiff in tbis action is the owner of tbe east half of the southeast quarter of section 15, township 77 north, range 19 west of the 5th P. M. in Marion County, Iowa. For more than fifty years there has existed along the. south and east…