37 Iowa 415 | Iowa | 1873
Without stating in detail the pleadings or claims of the respective parties, we simply announce the material ultimate facts as we find them, with our conclusions thereon.
The defendants, each of them, prior to the purchase of the land from the clerk ,by plaintiff’s assignors, and under a previous resolution of the board authorizing Any resident to register a claim to not exceeding 80 acres of the swamp lands of the county, had registered claims upon several tracts, and, among them, Bettsworth had registered the west half of the land in controversy and Cummickel had registered the northeast quarter of it. After the board had approved the sale bj the clerk to the plaintiff’s assignors, and at the same session, in January, 1869, these defendants, Bettsworth and Cummickel, presented their claims to the land to said board, and- by order of the board the clerk issued certificates of purchase,
We find further, as a matter of fact, that before plaintiff’s assignors made their purchase of the land in controversy of the clerk, Bettsworth had elected to take another eighty, registered by him, in section 9, and the clerk had issued to him a certificate of purchase and taken his note therefor; and also that Cummickel had elected to take his land in another section, and had told one of the plaintiff’s assignors, Marvin, that he had no claim on the land in controversy and did not want any.
As conclusions of law, we find, that even if an equitable right was conferred upon defendants by the registry of their claims upon the land in controversy, it was waived by their election to take other lands and abandoning their claims upon this. That the determination by the board to issue certificates to defendants, for parts of the land, did not affect plaintiff’s rights. That even if plaintiff and his assignors had notice of the defendants’ claims to said land, it would not affect plaintiff’s equity, because of defendants’ waiver and abandonment of them. That plaintiff is entitled to a judgment conveying to him and settling and quieting his title, to all the land. What, if any, are. the rights of the defendants as-occupying claimants, is a question not presented or decided, nor aré their rights as such in any wise prejudiced hereby. - - :
Reversed.