70 Iowa 332 | Iowa | 1886
The petition states that the boundary line between the S. ■§ of the S. E. ¿ and S. E. ¿ of S. W. ¿ of section 31, township 79, range 42, is in dispute, because the true location of the half mile or quarter post on the south line of said section cannot be readily determined, and therefore the center of the section is not certainly known. The defendant answered the petition, and commissioners were appointed to make a survey, and definitely locate such boundary line. The commissioners heard evidence, made surveys, located the boundary line, and reported the same to the court, together with the evidence. The boundary line so fixed we understand to be satisfactory to the defendant, and he asked the court to confirm and adopt the same, and the plaintiff moved the court to set aside the report. Neither of these motions was determined. Pending their consideration, the plaintiff asked and obtained leave, against the objections of the defendant, to file a supplemental pleading, which, with amendments thereto, stated, in substance, that a survey had been made of the pi’emises by one Parkins, some years prior to the commencement of this action, and that he had established the disputed corner, and the boundary line, and that fences had been built, buildings constructed, and a highway established, in accordance therewith. The defendant moved the court to strike this pleading from the files. This motion was reserved until the final hearing. A jury was impaneled to determine the question of adverse possession, which was relied on in the pleadings, and certain interrogatories were propounded to the jury, which were answered by them. It should be stated that the plaintiff, upon a showing made,
I. It is insisted by appellant that the question of adverse possession cannot be considered and determined in this char-
II. It is insisted that the issue formed before the commission is appointed should not be changed after the
III. It is insisted that tbe report of the commission should have tbe force and effect of the verdict of a jury.
IY. Tbe court, upon a consideration of tbe report and all of ■ tbe evidence, reached tbe conclusion that the boundary
AeKIRMED.