63 Iowa 407 | Iowa | 1884
Both plaintiff' and defendant claim under one Bernard Connelly, who was, at the time of his death, the owner of an undivided half of a tract of four hundred acres, which tract embraced the eighty acres in question. Bernard Connelly died intestate, and the plaintiff claims by purchase from his heirs. The defendant claims by purchase from one of the heirs. He also claims by adverse possession. Whether the plaintiff has proved any title in himself is one of the questions presented'in argument, but we have not felt called upon to determine it, because it appears to us that, whatever title, if any, the pláintiíf acquired, the defendant must be sustained upon his plea of adverse possession.
We come, then, to inquire more definitely into the special facts of the case, as they are shown by the evidence. First, Ave find it necessary to set out a copy of the description of the property as contained in the defendant’s deed, lie testified, in substance, that he bought and paid for the entire eighty, and supposed that he acquired it by his
When we look further into the evidence, we discover that it is not only jmssible, but highly probable, and almost certain, that the defendant understood that he was acquiring the entire eighty. lie not only so testified, but he is strongly corroborated by undisputed facts. The deed was made in March, 1854, more than twenty years prior to the commencement of this action. The land was wild prairie. The defendant took possession at once, paid the back taxes, broke and fenced the land, and built a good common farm house, 16 by 24, and also barns, stables and cribs. He rented it for six years and collected the rents. Afterwards he moved upon it, and occupied it continuously as a homestead, and kept the
Did the alleged co-tenants have knowledge of the defendant’s claim? We think that they did. A jiortion of them lived near. But, without regard to where they lived, the defendant’s acts in making the imjmovements, and renting and collecting rents for six years, were of such a notorious character that the alleged co-tenants must be presumed to have had knowledge of the claim.
The plaintiff, however, relies in part upon certain proceedings in j>artition, commenced after the defendant’s purchase,
Reversed.