13 Iowa 368 | Iowa | 1862
By reference to 6 Iowa, 433, it will be found that this cause was before us in 1858, and remanded, for the reason that the issue determined in the court below was an immaterial one, settling no question upon which to predicate a decree. Since that time, the parties have prepared the case, had it referred to a master, who found the equities in favor of respondents, and this being confirmed by the court below, complainant again appeals.
No argument has been made by appellant. An examination of the evidence, and arguments filed with the master, however, has brought us to the conclusion that the decree below should be affirmed.
The question is, who was the occupant, and entitled to a deed to the lots in controversy, at the time the conveyance was made to the respondents by the County Judge, on the 2d of June, 1854 ? By occupant, as here used, is not meant, simply, the person who, at the time, may be in the possession of the premises. That is to say, if the deed was made
If satisfied, therefore, that the possession of respondents was wrongful, as against the rights of complainant, at tbe time tbe County Judge made tbe deed, we should not hesitate to decree that sucb possession should be surrendered, and that they be required to convey to the equitable owners.
But, in our opinion, tbe master puts tbe case upon the true ground, when' he finds that complainant, and those under whom he claims, had neglected and failed to assert tbeir right, or to enforce ownership to tbe property, for sucb a length of time, and under such circumstances, as to estop him from now questioning respondent’s legal title. The person in actual possession is, in tbe absence of testimony, presumed to be the rightful occupant. And unless those attacking this possession, and tbe legal title based thereon, can overcome this presumption by clear testimony, tbe legal title must prevail. And therefore, where, as in this case, the testimony tends very strongly to show that respondents, and those under whom they claim, bad for several years been in uninterrupted possession, that the' possessory right had, for a valuable consideration, been transferred, from time to time, by conveyances made and recorded with tbe knowledge of complainant, that he took no steps to enforce his rights, that respondents made valuable improvements
Affirmed.