122 Iowa 310 | Iowa | 1904
Plaintiff acquired his title through certain mesne conveyances from the general government in July of the year 1887, and immediately went into possession of the land, and continued to occupy it until dispossessed by the defendants in April of the year 1900. He did not live upon the land, it is true, but made such use of it as owners usually do of premises upon which they do not reside. In April of the year 1894 he caused the entire tract to be fenced, and has generally paid the taxes thereon. Plaintiff obtained title by a quitclaim deed from the Minnesota Land & Debenture Company, a corporation engaged in railway construction; and that company obtained its title by deed of bargain and sale from- Oscar Springer and Ann E. Springer. The Springers were the widow and heir at law of one Harlan M. Springer, who owned the land at the time it was sold for taxes in the year 1867. . The Springers, mother and son, used the land more or less from the year 1870 down to the time plaintiff took possession thereof, but their possession was not at all times hostile to Sexton. Indeed, they distinctly recognized Sexton’s title in the year 1885, for they purchased the land at tax sale and allowed Sexton to redeem from the sale.
There are but two questions in the case, and these are: First. Is defendant Sexton’s claim under his tax deed
Aside from this, plaintiff was in the actual, notorious, and hostile possession of the land from the year 1887, when he obtained his title immediately from the Springers,
It follows from what has been said that the decree must be and it is aeeirmed.