76 Iowa 268 | Iowa | 1888
— The land described in the contract was entered by James Wisehart, in 1859, and a patent was issued to him in the following year. The treasurer’s deed was executed in February, 1871, under a sale on the first Monday of November, 1867, for taxes alleged to be due for 1861, 1865, and 1866, Charles Brennecke being the grantee. He subsequently conveyed the land to W. L. Culbertson, who, on the first of April, 1876, conveyed it to plaintiff. In 1875 Culbertson instituted a suit in the circuit court of the county against Wisehart, praying that the title be quieted in him ; and in September of that year a judgment was entered in accordance with the prayer of his petition, the original notice being served by publication. In March or April, 1881, defendant, as agent for William Leet, entered into negotiations with plaintiff for the purchase of a farm of 480 acres, which included the tract in question. He knew at the time that plaintiff held this tract under a treasurer’s deed, and he claimed that he was instructed by his principal not to purchase any lands the title to which was in any manner doubtful. The negotiation resulted in a contract for the purchase of the farm, the price agreed upon being seven thousand dollars. Defendant received that amount of money from Leet, but, being ■ apprehensive that the latter would hold him responsible for damages in case the title to the tract in question
It is well settled that when a party undertakes to show by parol that a written agreement fails, owing to some mutual mistake, to express the true contract, the fact of the mistake must be established by proof of the most satisfactory character. Gelpcke v. Blake, 15 Iowa, 387; McTucker v. Taggart, 29 Iowa, 478; Heney v. Savery, 48 Iowa, 313; Wachendorf v. Lancaster, 61 Iowa, 509. It is apparent from the statement of the evidence that the present case is not brought within that rule.
Upon the face of the deed, and the proceedings under which it was executed, then, the title appears to Perie°l- ' I11 addition to that is the fact s'110!1 period of time has elapsed since if® execution as that the former owner is barred by the statute of all right to question it. The deed also affords a color of title, however irregular the proceedings under which it was executed may have been ; and the parties have been in possession under it for such length of time that, under the general statute of limitations, no action could be maintained for the recovery of the property. True, there is a possibility that the owner was under such disability as would bring the case within one of the exceptions of the statute ; but there is no proof of that fact, and its existence cannot be presumed. The deed is prima-facie evidence of title in the grantee, and when plaintiff introduced it, and the conveyances from the intermediate grantors to himself, his case was established, and the burden of proving such facts as would defeat it .was upon defendant, and he has proven no such fact. We think, therefore, that the district court rightly held that the obligation was fully matured ; and in reaching that conclusion we have not found it necéssary to consider any question relating to the judgment quieting the title in Culbertson. Affirmed .