164 Iowa 293 | Iowa | 1914
The plaintiff alleges that he is and for many years has been the owner in fee of lots 5, 6, 11, and 12 in block 13 of Webster City; that, prior to the matters herein complained of, he brought an action against the defendant in the district court of Hamilton county, Iowa, to quiet his title to said property against all adverse claims thereto by said defendant, in which action a final decree was entered confirming plaintiff’s claim of ownership to all said property, and quieting in him the title thereto in fee simple. It is further alleged that by the terms of said decree the defendant was ordered to vacate said premises, and that, upon failure to do so. a writ of removal should issue against him, but
The allegation of acquiescence in the line claimed by the defendant is not sustained by any substantial evidence, and the trial court did not err in overruling that defense.
There is some conflict in the testimony, and, so far as the merits of the case depend upon any question of veracity of witnesses, we are always disposed to give considerable consideration to the views of the trial court. Moreover, our own reading of the record inclines us to the conclusion that the preponderance of evidence is with the plaintiff on all essential matters of dispute.
It follows that the decree of the district court must be —Affirmed.