38 F. 874 | U.S. Circuit Court for the District of Northern Iowa | 1889
The defendant herein, Frederick Wehrman, brought several actions in ejectment on the law side of the court against the several complainants herein, claiming to be the owner of and entitled to the possession of certain realty situated in O’Brien county, Iowa. Thereupon the complainants filed a bill in equity, asking that the actions at law be stayed until the hearing upon the bill, and setting forth various matters upon which equitable relief is sought. To this bill a demurrer was filed, and the questions thereby presented have been very ably argued by counsel'. From the allegations of the bill it appears that on the 1st day of December, 1859, one Adolph Wehrman, the father of defendant, received a patent from the United States, covering the land in question, and on the 17th day of December, 1859, he executed a conveyance of some 2,060 acres to the defendant, which conveyance was placed upon record. On the 14th day of January, 1861, the firm of Greeley, Gale & Co. commenced an action in the district court of O’Brien county, Iowa, against Adolph Wehrman, based upon a judgment obtained in the circuit court of Pierce county, Wis., for the sum of $1,940.30, and dated May
It is also averred that the land in question was subject to taxation for the years 1858 and 1859; that Wehrman neglected to pay the taxes;, that the lands were sold for the delinquent taxes assessed thereon in Woodbury county, to which O’Brien county was then attached, the sale taking place in O’Brien county on the 22d day of December, 1860; that the same were sold to C. G. Orr, to whom a tax-deed was executed on the 28th day of June, 1866, and recorded July 7, 1866; that on the 6th day of May, 1871, the said Orr executed to said Carlos S. Greeley a quitclaim deed of said realty; that the present complainants claim title under said Greeley, the several conveyances thereof being set forth in the bill; that complainants have since the purchase of the land for value in 1881, 1882, and 1884, been in the open and notorious possession of the realty, putting the same under cultivation, and erecting thereon substantial buildings, and making other valuable improvements; that when the sale of the realty was had to said Greeley the lands were wholly unimproved, and of little value; that the said Adolph Wehrman, by the satisfaction of the judgment against him, received the fair value of the lands at that time; that by the improvements since put upon the same the value thereof has been greatly increased; that neither Adolph