105 Iowa 517 | Iowa | 1898
— The plaintiff claims to be the absolute and unqualified owner of a forty-acre tract of land, which is described, and the defendant is the owner of an adjoining tract of forty .acres. The controversy between the parties is in regard to. the ownership, of a strip of land two rods wide and eighty rods long, which is on the boundary line between the two tracts. The evidence tended strongly to show that the strip, was a part of the original government subdivision of land now owned by the plaintiff; but the evidence also showed, without material conflict, that the strip has been used and occupied as a part of the tract now owned by the defendant for about forty yearn We are required to determine whether the evidence so clearly shows that the defendant is the owner of the strip., by virtue of .adverse possession under claim of title that the court was justified in directing a verdict for him. About forty years before this action was commenced, the tract now owned by the defendant was purchased by Levi Marsh. About the year 1858, he had the boundary line in question established by a private survey, built a fence
The undisputed facts of the case do- not bring it within the rule of Grube v. Wells, 34 Iowa, 148. In that case the -defendant’s grantor inclosed lot 1, which he owned, and, in inclosing it, by mistake inclosed a part of lot 260 -adjoining, which was, and until four or five years- before the commencement of the action remained uninclosed. The defendant -and her grantor intended only to claim lot 1, but supposed that included -all of the premises inclosed. It wvas held that title by prescription had not been acquired to the inclosed part of lot 260. In this case the owner of each of the adjoining forty-acre tracts- occupied to the fence, and no further. As both tracts were improved, the occupation