97 Iowa 247 | Iowa | 1896
Our conclusion is that the defendant does not hold title to the land by prescription, and that the decree should have been for plaintiff, as to the “north,” as well as to the “south” forty. The cases of McCamy v. Higdon, 50 Ga. 629, and Saxton v. Hunt, 20 N. J. Law, 487, as well as those heretofore cited, are in support of the doctrines announced in this opinion. We are the better satisfied with the result in this case, because it works no hardship to appellee. He gave but one hundred and seventy-five dollars for the land, including the improvements, which were worth nearly as much as the consideration paid. He has had possession of the land since 1882, and has paid no taxes thereon. The improvements made by him have been inexpensive, and up to this time he has paid no rent. It is, then, no injustice to apply to this case.