Thul v. Weiland

Appellant is the owner of the JHy2 of the SW44 of Section 13, Township 89 North, Range 1 East of the 5th P.M., Dubuque County, and appellee of the W/2 of the Ey2 of the NW44 of the same section. The parties trace their title to a common grantor, Gabriel Baumgartner. Appellant obtained title to the above-described tract March 25, 1904, by direct conveyance from Baumgartner, and appellee by devise from his father, to whom Baumgartner conveyed the tract March 22d, 1902. The deed to appellant contained the following reservation: •

“Reserving the right of way from the W-/2 Ey2 N¥% said Section to…