67 Iowa 654 | Iowa | 1885
II. It is insisted by counsel for defendant that the action is barred by the statute of limitations of the state of New York; that a decision in a prior action operates as an adjudication of the rights, of the parties in this case; and that the circuit court erred in allowing interest upon the sum paid by plaintiff from the date of payment. But these precisé points have been decided by this court, upon the same state of facts, adversely to the position of defendant’s counsel. See Goodnow v. Stryker, 62 Iowa, 221; Goodnow v. Litchfield, 63 Id., 226.
V. It is insisted that the evidence fails to show an assignment of the claim to plaintiff, and that he is not, therefore, the real party in interest. But the abstract before us shows that the due assignment of the claim to plaintiff is admitted.
It is a familiar rule that congressional grants of lands of the character of the one under which defendants claim operate in prcesenti, and pass the title without conveyances or other assurances. It sometimes is necessary to select or otherwise designate the lands which are conveyed by the grant, but that was not necessary in the case of the grant in question. It cannot be said that the lands of defendants were “entered” or “located.” They were in fact conveyed by a congressional grant. It ife clear that the provision above quoted, excepting lands from taxation, does not apply to these lands as
Affirmed.