93 Iowa 742 | Iowa | 1895
The land in controversy is a five-acre tract in the southeast corner of the north one-half of the southeast one-quarter of southwest one-quarter of section seventeen, township seventy-five north, range forty-three. On the twelfth of March, 1869, it was deeded to E. M. Officer, by the treasurer of the county, in pursuance of a previous sale for taxes, and the deed was recorded in May, 1869. E. M. Officer and her husband conveyed the land to the plaintiff in September, 1892. This action is brought to quiet the title upon averments of unqualified ownership. Defendant denies plaintiff’s ownership and says that he is the unqualified owner of the land, by virtue of a treaisurer’s deed thereto to one Perry Reel, made November 16,1886; the defendant, because of mesne conveyances, being now the owner of the title under such deed. The description of the land in the deed to Reel is as follows: “A part of the S. E. \ of S. W. ¿ of Sec. 17, township 75, range 48, Pottawattamie county, Iowa, containing five acres, sold November 5, 1888, at regular sale, for taxes of 1882, to P. J. McMahon, certificate assigned- to Perry Reel.” The record discloses an attempt by each party to show a patent title through other conveyances, which need not be noticed, in view of the manner in which the case is presented in this court. Plaintiff’s tax deed is valid upon its face, but defendant claims it to- be invalid because the taxes on the land were actually paid at the time of the sale, although, by mistake, the payments were applied on taxes due on other land. It is claimed by plaintiff, and conceded by defendant, that his tax deed is void for insufficient description, under the holding in Smith v.
Appellant says, however, that the defendant wais allowed, without objection, to state that “he claimed to own this land,” and that such evidence was sufficient
Appellant is in possession of the land, and urges that such possession is prima facie evidence of ownership.
Defendant interposed a plea of the statute of limitations because of his five years7 possession. But his want
These considerations seem entirely conclusive of the case, and the judgment is affirmed.