76 Iowa 730 | Iowa | 1888
We think the case may be determined upon a consideration of this latter proposition. The conveyance from Pitts to defendant, it will „ be observed, was executed after the expiration of five years from the recording of the tax deed; and, as a consequence, the bar of the statute will not operate in his favor, unless it had become effective in favor of his grantor at the time of his purchase. He is in no better position than Pitts, Kessey and Cassady would be in if they were asserting a right under the conveyance from Goodfellow to Short. Now, while the treasurer’s deed to plaintiff operated to vest the latter with' the title to the property, and gave him the right of possession, and he was in constructive
The case, then, turns upon the question whether Pitts, Kessey and Cassady were in any better position than he would have occupied if he had not executed the conveyance to Short, but had pursued the same remedy which they attempted ; and that question depends upon the character and effect of the conveyance. It is in the following language : “ The said first party, for and in consideration of three hundred dollars, * * * have remised, released, sold and conveyed and quitclaimed, and by these presents do remise, release, sell, convey and quitclaim, unto the said party of the second part,” etc., “all the right, title and interest, claim and demand, which the said party of the first part have in and to the following described lot, piece or parcel of land: * * * ” This is followed by a covenant to the effect that the grantor had not done or permitted any act whereby the premises described were or might be impeached, charged or incumbered. It is very apparent,
Reversed.