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IN THE COURT OF APPEALS OF IOWA No. 9-638 / 08-1810 Filed November 12, 2009 MICHAEL A. WITTE, Plaintiff-Appellee/Cross-Appellant, vs. PAIGE SEIDEL and CARTER SEIDEL, Defendants-Appellants/Cross-Appellees. ________________________________________________________________ Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.

Paige and Carter Seidel appeal, and Michael Witte cross-appeals, from the district court ruling confirming and quieting title of certain real estate to Witte. REVERSED AND REMANDED.

Judith O'Donohoe of Elwood, O'Donohoe, Braun & White, New Hampton, for appellants. John J. Haney of Hinshaw, Danielson, Kloberdanz & Haney, P.C., Marshalltown, for appellee.

Heard by Eisenhauer, P.J., Potterfield, J.J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

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EISENHAUER, J. Paige and Carter Seidel appeal, and Michael Witte cross-appeals, from the district court ruling confirming and quieting title of certain real estate to Witte. The Seidels contend they acquired title to the real estate by estoppel. They also contend they are entitled to the property because the deed contains deed back provisions. Witte contends the court erred in finding he did not have an

easement across the Seidels' adjoining property. Because the Seidels prevail on their equitable estoppel claim, we reverse and remand for entry of a judgment quieting title to the disputed property in the Seidels. I. Background Facts and Proceedings. The Seidels are owners of

property located in Butler County. The property was passed down through the ancestors of Paige Seidel (hereinafter the Browns), who have been in possession of the property since at least January 1911. At that time, the property consisted of all of the Northeast Quarter of the Southeast Quarter of Section 11 in Pittsford Township. Between April 1933 and May 1952, Butler County was deeded property from this parcel, which is legally described as: Beginning at the Northwest corner of the Southeast Quarter of the Southeast Quarter of Section 11, Township 92 North, Range 18 West of the 5th P.M., Butler County, Iowa, thence North 398.5 feet, thence East 310 feet, thence South 190.5 feet, thence East 0.06 feet, thence South 208 feet, thence West 20.06 feet, thence South 203 feet, thence North 75

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