133 Iowa 632 | Iowa | 1907
The S. W. % of section 31, in township 70 N., of range 9 W. of the fifth P. M., contains 164.48 acres according to the United States survey. A highway extends up the east line of the quarter about thirty-five rods, and then diagonally across it, leaving 121.98 acres west and south of the center of the road. In 1896 T. L. Workman was owner of this last-mentioned tract, and on June 15 th of that year executed a deed to John S. Watts of land described as “ the west half of the southwest quarter of section 31,” in said township, “ containing in all 75 acres more or less.” This included about five acres north of the highway belonging to Small, which was subsequently conveyed to him by Watts. The latter deeded the land purchased by him from Workman to the defendant Jacob S. Hootman, January 5, 1900, with the same description, excepting that north of the center of the highway. On the other hand, Workman conveyed to one Etka “ the E. % of the S. W. % of section 31, township 70, range 9 S. of the Mt. Zion and Birmingham Road, containing 45.98 acres more or less.” This was followed by a more particular description, but fixing the west line of the east half of the quarter section as the western boundary. This description was substantially copied in a deed of the same land from Etka to Sherrod, November 7, 1898, and from Sherrod to Chester H. Hootman on March 1, 1899. All the persons mentioned were made parties to the
Undoubtedly, Watts supposed this to be the width of the west half of the quarter. They went on the land before fhe execution of the deed, and measured with a pole eighty rods east of the southwest corner of the quarter, and there set a stake. They then went to the north line, and, noticing a fence between the adjoining owners, Robinson and Small, to the north, accepted that as being eighty rods east of the western boundary, and from it sighted through to the stake, first set and established that as the line, staked it out, and subsequently erected a fence thereon, which, when erected, varied about a rod only from a straight line between the two points. The defendant was told by Watts, prior to the execution of the deed by the latter to him, about the way the line was determined, and that he was getting the land Workman had conveyed to Watts, but he was not advised that the line between Robinson and Small was accepted as being eighty rods east of the western boundary.; nor was anything said indicating that he was not to have precisely
The division line established by the district court was in accordance with the above rale, and its decree is approved. Two-thirds of the costs of this court will be taxed to plaintiff, and one-third thereof to the defendant.
On both appeals the decree is affirmed.