138 Iowa 475 | Iowa | 1908
Plaintiff alleged that he was the owner in fee simple and entitled to the possession of lots 6, 7, 8, and 9, in block 32, in Floyd City, an addition to Sioux City, and that he was credibly informed and believed that defendant made some claim adverse to him in and to said property which was without foundation. He also alleged that he had tendered to the defendant a quitclaim deed for execution accompanied with the offer of $1.25 in accordance with the provisions of Code, section 4226, which provides that if a party twenty days or more before bringing suit to quiet title to real estate shall request of the person holding an apparent adverse interest or right therein, the execution of a quitclaim deed thereto, and shall also tender to him $1.25 to cover the expense of the'execution and delivery of the deed, and the person to whom such offer is made refuses or neglects to comply therewith, the filing of a disclaimer of interest or right hy the latter shall not avoid the costs in an action afterwards brought, and the court may, in its discretion, if plaintiff succeeds, tax in addition to the ordinary costs of court an attorney’s fee for plaintiff’s attorney not exceeding $25 if the action involves a single tract not exceeding forty acres in extent, or a single lot in a city or town, and a reasonable fee in case two or more city or town lots are included in the description. The evidence for plain
The decree and judgment of the trial court is affirmed.