69 Iowa 11 | Iowa | 1886
Much oral evidence was introduced, against the objection of the defendant, for the purpose of showing that the defendant did not acquire by his deed any beneficial interest in the land, but that the beneficial owner was, until his death, the plaintiff’s husband, George A. Knowles. . The objection urged to the evidence was that for the purpose mentioned it was inadmissible under the statute of frauds. Whether the objection was well taken we need not determine. If we should concede that it was, and that the defendant’s legal title must, under the evidence, be regarded as having constituted him a tenant in common, we should still have to say that it appears to us that the possession of the plaintiff’s husband became adverse as early as 1857 or 1858, and remained so from that time. In one or the other
There would be no question but that Knowles’ possession was adverse, but for the fact that he was the legal and equitable owner of an undivided three-fourths of the land, and the defendant claims that Knowles’ possession was that of a mere tenant in common holding for himself and his co-tenant. The doctrine is elementary that the possession of a tenant, in common is not necessarily adverse to his co-tenant. It may, however, become such, and is to be regarded as such where the tenant in common holds possession under a claim of entire ownership, and the co-tenant has knowledge of it; and it is not necessary to show by direct and positive evidence that the co-tenant has such knowledge. It is sufficient if it is not shown otherwise, and the circumstances are such that it may reasonably be presumed that the co-tenant has such knowledge. Laraway v. Larue, 63 Iowa, 407.
¥e have, then, to inquire what is the evidence that Knowles held possession under a claim of entire ownership, and what is the evidence that Brown knew it. It is undisputed that in 1855 Knowles was sole owner; that in that year a scheme was devised by him and Brown and one Chapman and several others to lay out a town upon this land, and procure the location of the county-seat of Black Hawk county upon it. In pursuance of this plan, Knowles deeded an undivided three-fourths of the land to Chapman, and Chapman deeded an undivided one-fourth to Brown. As to what the agreement was in respect to the disposition that should be' made of the title in case the scheme failed for locating the county-seat upon the land, there may be no competent evidence; bntit is clearly enough shown that Knowles understood that the title, so far as he parted with it, was, in case of fail
No question has been raised in regard to the right of the
Affirmed.