85 Iowa 427 | Iowa | 1892
Sioux City and Sioux City East-Addition appear to have been platted together, and included portions of the west one-half of section twenty-eight and the east one-half of section twenty-nine, in township eighty-nine north, of range forty-seven west. Perry creek, a crooked stream, flowed from north to south on or near the boundary line between the
I. The tract occupies that part of the block which would have contained lots four, five and six had the
To show that the. tract in controversy had been platted as lot 6, the plaintiff introduced in evidence a transcript of the original record of a plat made and recorded in September, 1856, prepared under the authority of section 1971 of the Code. That showed that the portion of block 61 southwest of the creek was platted and numbered 6. But the original from which the transcript was made showed no line indicated on the south side of the tract in question, and there were alleged defects in the execution of the plat which we need not notice. The defendants rely upon a plat made and recorded in the year 1858, which showed the tract south of the creek inclosed as a part of the block, but without a lot number. The effect of these plats and of some corrections alleged to have been made by a surveyor named Stone, is discussed by the appellants; but, as the appellee has not presented any argument in regard to them, we need only say that whether the tract in controversy was intended by the proprietors of the town plat to be a separate lot or a part of lots 7, 8 and 9 is not clearly shown. Bochel regarded it as a part of those lots, and in the work he did, which resulted in changing the course of the creek, he supposed he was only adding to his own land on the west side of the stream, and not to that of his
It does not appear that the plaintiff was ever in the actual possession of the land in question. If he
II. The plaintiff claims that, if the evidence in question was inadmissible, yet he should recover, for
The decree of the district court is, therefore, REVERSED.