188 Iowa 686 | Iowa | 1920
This case grows out of a similar state of facts found in Bryan v. Christianson, 188 Iowa 669. A plat will be there found, showing the general situation. The land in question in the instant case is Lot 2, and is north of Iowa Lake.
The plaintiff claims to be the owner in fee simple of the west half of the northeast quarter of Section 15, and that he has been in the absolute, peaceful, adverse, and undisturbed possession of the same and every parcel thereof for more than 18 years last’past, continuously, under claim of right and color of title; that, during his possession, he has constructed fences and made valuable improvements on said land; that defendants have threatened and are about to enter upon the said premises and cut down the fences surrounding said land, and they are attempting to erect another fence upon the land, cutting from 17 to 18 acres off the south side of said land; that said fence will be placed on plaintiff’s land, if erected, and over his growing crops, and cause him irreparable injury, and plaintiff will be deprived of the free use and possession of his land.
The defendants denied plaintiff’s claim as to the south 17.42 acres. Defendants claim to he the absolute owners of the 17.42 acres, by virtue of a chain of title beginning with the patent from the United States to the state of Iowa, issued on December 7, 1904, and filed for record in Hamilton County, February 8, 1905, and from the state of Iowa
The land in controversy was a part of what was formerly known as Iowa Lake, a body of meandered lake bed. There had been but very little water in it for more than 30 years. No patent was issued to this land by the government until 1904. At an early day, the surrounding landowners/including plaintiff’s grantor, under claims of rights therein, had squared out their lands, so as to make them correspond with the congressional subdivisions. There had been a government survey of the lake bed, and, after the meandering line had been shown by the survey and plat filed, the land had been laid out in government lots, including Lot 2. They fenced, tiled, cultivated, and improved said lands. One Hurd, plaintiff’s grantor, had made such a claim to the land in controversy. He had fenced and oc: cupied it, and later leased it, with his other land. On March 1, 1899, he conveyed Lot 2 to plaintiff, 62.58 acres. The remaining 17.42 acres, the land in question, was then being used and had, for some years prior thereto, been used by said Hurd, in connection with the 62 acres. He did not include the 17 acres in the deed to plaintiff, but he was then using it, and had leased it to others, as he had been for many years in the past, under the claim of riparian ownership. At that time, it was fenced, the same as it had been for a good many years before. There is some conflict in the testimony at this point. Hurd was a witness for the defendants. He had had some trouble with plaintiff, and appears to have been hostile to him. He attempts to contra-
There may be some other circumstances, but this presents the situation in a general way. Even though it be conceded that the claim of Hurd and plaintiff to hold the land in controversy, under some an yposed riparian right,
We are of opinion that the trial court rightly decided the case, and that plaintiff's claim of right has, by adverse possession, ripened into a title which is good, as against the record title of the defendants. — Affirmed.