83 Iowa 434 | Iowa | 1891
The land in controversy was patented to one Horace M. Peck, in the year 1859. The appellants claim that Peck conveyed tbe land to one Uriah Upjohn by a deed which was recorded in Sioux county in the year 1863; that Upjohn conveyed it to William H. Stanley by a deed which was recorded in the year 1866; and that Stanley conveyed it .to the plaintiff Mathews [in the year 1868. In October, 1884, Mathews entered into an agreement with his coplaintiff, G. W. Pitts, to convey to him the land for the consideration of twenty-three hundred dollars/ of which three hundred and ninety-five dollars was paid in cash. The agreement provided that Mathews should have no personal claim against Pitts for the unpaid portion of the consideration. The defendants claim that the land was sold on the third day of August, 1868, by the treasurer of Sioux county, for the delinquent taxes of the years 1865 and 1866; that tax deeds were issued therefor to William H. Gurley •on the twenty-fourth day of August, 1871, and recorded on the next day; that Gurley executed a conveyance for a portion of the land to Laura Chamberlain in June, 1874, and that in October of the next year she executed a reconveyance for a portion of it to Gurley; that in the year 1878 she and Gurley joined in a conveyance of all the lands in controversy to Josiah L.
We do not find it necessary to decide the questions thus presented by the appellants, for the reason that the case must be determined on other issues. Mathews took a mortgage on the land about the year 1862, and in the year 1867 he visited Sioux county to learn what he could in regard to it. He was then informed of the taxes on account of which the tax deeds in controversy were issued, and was told by a person who claimed to have held some office in the county that the taxes were illegal. In the spring of the year 1868, the debt secured by the mortgage not having been paid, he took a conveyance of the land in payment. In the year 1875 he again visited Sioux county, and ascertained that Gurley had obtained tax deeds for the land and had paid the taxes. He did nothing, however, but record his deed from Stanley. In the year 1878 he made a third visit to Sioux county, and learned that some breaking had been done on the land. After that time he had considerable correspondence with different persons in that county in regard to the land, and, as he says, was kept sufficiently posted for his purposes. In the year 1884 he entered into the agreement with Pitts heretofore mentioned, and in November, 1887, this action was commenced. When Lombard purchased the land he had no knowledge that Mathews was asserting title to’ it. The same is true of Culbertson. The tax deeds
The evidence shows quite satisfactorily that a record of the proceedings of the board of supervisors has been lost. For several years all the county records
The appellants insist that their claim is not barred by the statute of limitations, and, therefore, that the appellees ought not to succeed. It has been said that nothing will cause a court of equity to act but conscience, good faith and reasonable diligence. ‘‘When these are wanting, the court is passive, and does noth
We conclude that the appellants have failed to make that showing of merit and diligence which is required to justify the interference of a court of ■equity in their behalf. Moreover, we think the conduct of Mathews has been such that the appellants must be held estopped to assert any claim against the title of the appellees. Some objection is made to the •sufficiency of the proof to show title in the appellees. In view of ■ the conclusion we have reached as to the ■claim of the appellants, the proof is sufficient to sustain the decree of the district court. The questions determined are controlling, and we do not find it necessary do determine others presented. Affirmed.