122 Iowa 412 | Iowa | 1904
The farms of plaintiff and defendant, to which the controversy in this case relates, lie opposite to each other, on the south and north sides, respectively, of a section
We think, however, this case may be decided on satisfactory principles without settling the controversy as to the actual location of the original line. It appears that, for more than fifteen years before the bringing of this suit, plaintiff had inclosed and improved his premises with reference to what he notoriously asserted to be the correct boundary -line between his premises and the highway. The travel on the highway was perhaps not along any very definite or well-ascertained line, for it was not for any great distance either way confined within fences; but plaintiff inclosed what he claimed to be his land up to the assumed highway boundary, and planted a grove and built a house ■with reference to such boundary, and the travel was north of this assumed boundary until the defendant recently interfered therewith by his fence. Defendant and his grantors have had knowledge of this claim of plaintiff for more than ten yeárs, and have acquiesced in it. Defendant constructed a fence along or near the south line of his premises (that is, the boundary line between his premises and the highway), and recognized the highway as determined by the line claimed by plaintiff until within a year of the time of the bringing of this suit; and then for the first time did he contend that the highway, as traveled, was on his land, and seek, by placing his fence further south, to throw the travel upon plaintiff’s land. It seems to us that knowledge on the part of defendant and his grantors for more than ten years, without objection, as to plaintiff’s claim, constituted such acquiscence therein as to give plaintiff good title by adverse possession up to the extent of his assertion of title by the making of his improvements. This would bring the case within the rule laid down in Miller v. Mills Co., 111 Iowa, 654, and the numerous
We can reach no other conclusion under the evidence than that the decree of the lower court was wrong, and it is therefore bevebsed.