Northwest Realty Co. v. Jacobs

273 N.W.2d 141 (1978)

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Nature of the Case

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Facts

The Iowa Irrigation Ditch Company was formed and obtained quitclaim deeds along the course of a proposed irrigation ditch. Jacob Smith executed a quitclaim deed to Iowa Ditch on April 26, 1898. Shares of stock were issued to the owners of each tract of land irrigated from the ditch. Tom Phillips, the successor in interest to Smith, held three shares in the Iowa Ditch Corporation. Those shares were assigned to Ds on January 1, 1977. The stockholders of Ditch dissolved the corporation in January 4, 1973, and were to deliver quitclaim deeds to the stockholders who owned property adjacent to the ditch which was subject to the easements. Eventually, the property was conveyed to Northwest Realty (P). After getting their lots back, Ds filled a portion of the ditch and used it as a parking lot for their car dealership. P sued to have Ds remove the fill dirt from the ditch. The dispute was whether the Smith-Iowa deed conveyed a fee title or only a right of way easement; the deed used conflicting language of a fee simple but then granted an easement right after granting the fee simple. The trial court ruled a fee simple. This appeal resulted.