194 Iowa 1133 | Iowa | 1922
I.The plaintiff claims the land in controversy as accretions to certain riparian land owned by him in Section 34, Township 79, Range 45. The lands in question border upon the left bank of the Missouri River.
In support of their plea of former adjudication, the defendants put in evidence the record in the case of Coulthard v. Davis, which went to decree in the district court of Harrison County in the year 1897, which decree was affirmed in this court by opinion appearing in 101 Iowa 625. All the lands involved in the present controversy were likewise involved in such former suit, except the lands of the defendant Caley. All the other defendants who were not actual parties to the former litigation acquired their respective titles from, through, and under actual parties therein. They are, therefore, entitled to the protection of such former adjudication. In such former suit, the claim of the plaintiff to the lands in question was precisely what it is in the present suit. By the decree in such former suit, his petition was dismissed upon the merits at his cost. Each and all of the purchasing defendants have been in actual and’ adverse possession of their respective holdings under their deeds of purchase for more than ten years prior to the beginning of this suit, such possession being maintained by actual occupancy and use and fences upon the boundary lines.
It is urged by appellant that the alleged former adjudication was without jurisdiction, in that the title under which the
It is further argued by appellant that the finding of fact in support of the former adjudication was inconsistent with the finding of facts in later litigations between litigants other than those involved in the present and former adjudications pleaded. From this premise it is argued that the finding of facts upon which the former adjudication was predicated is not a binding adjudication, but that such facts are subject to be disproved by the same litigants in subsequent litigation. Conceding, for the sake of the argument, that the findings of fact upon which the former' adjudications were predicated were, in the light of evidence produced in other litigations, between other litigants, probably erroneous, this does not defeat the full force of the adjudication as such, as between the parties to the former litigation and as to those claiming under them. It is not true, as appellant contends, that the facts may be relitigated by the same parties after a final adjudication between them. It is true that the rule of stare decisis does not make a finding of facts in one case a binding precedent in another case between other litigants; because
II. It remains to consider the defense of Caley. The lands claimed and occupied by Caley were formerly and for many years occupied and claimed by Bevelheimer. Fifteen or twenty years prior to the beginning of this suit, Bevel-heimer conveyed to Caley. Ever since such time, Caley has been in the open, notorious, and adverse possession of the land, in actual occupancy and use thereof, and during all that time maintaining fences upon his claimed boundary lines. On the face of the record, therefore, Caley’s defense appears to be unassailable. The argument for appellant, however, is that, inasmuch as Caley’s only title is traceable to the state of Nebraska, and is predicated upon the theory that it was originally Nebraska land, then this court has no jurisdiction to find or adjudicate an adverse possession in his favor. But this argument has two edges, and its sharpest edge is turned toward the plaintiff. If this be Nebraska land, the plaintiff concedes that he has no title to it. Manifestly, in such event, he would not be entitled to a decree in his own favor. His 'alleged title is predicated upon the claim, that the land is Iowa land, and that he has acquired it, as such, by accretion to his riparian lands. If it be Iowa land, then manifestly the statute pertaining to adverse possession is applicable thereto, and Caley’s showing of adverse possession would be a sufficient basis for an affirmative decree quieting title in his favor. Tf, on the other hand, it was Nebraska land, the court had complete jurisdiction of the person of the litigants, and had jurisdiction to dismiss the plaintiff’s petition. If it was Iowa land, the court
The decree of the district court is, accordingly, affirmed.— Affirmed.