91 Iowa 751 | Iowa | 1894
I. Plaintiff claims that he was at the commencement of this suit and for years prior thereto the owner of the southeast quarter of the southeast quarter of section 20, and the northeast quarter of the northeast quarter of section 29, and the southwest quarter of the southwest quarter of section 21, and the northwest quarter of the northwest quarter of section 28, all in township 92 north, of range 11 west, of fifth p. m. ; that he and his wife, on September 10, 1874, executed a deed to defendants, conveying tot-hem twenty feet off of the north side of the southwest quarter of the southwest quarter of section 21, and twenty feet square out of the northwest corner of the northeast quarter of the northeast quarter of section 29, in said township and range; that this deed was delivered to one Parsons, to be by him delivered to the defendants when the latter should, by similar deed, convey to plaintiff twenty feet on the north side of the defendants' farm, adjoining plaintiff’s farm on the west side, and on the further condition that defendants should release all damages which they might claim against plaintiff on account of the use, occupancy, and ownership of the twenty feet over and along the north side of the defendant’s forty aforesaid; that without any authority therefor, and without having complied with any of the conditions upon which plaintiff’s said deed was to be delivered, and without paying any consideration therefor, defendants obtained possession of said deed; that plaintiff has at all times been in the actual possession of all the land above described, has paid the taxes thereon, and claimed to be the absolute owner thereof; that plaintiff has been in the continuous and exclusive possession of said land for over tbn years prior to the commencement of this suit. He asks that said deed
Afterward, in an amendment to their answer, defendants claimed to have been in open, actual, and notorious adverse possession of said land, under color of title, for over ten years prior to the beginning of this action, and say plaintiff’s rights, if any, are barred. In another amendment, defendants say that, in the deed given them by plaintiff, there was a mistake in the description. That the following land was intended to be described: “Twenty feet square in the northwest corner of the northeast quarter of the northeast quarter of section 29, twp. 92, range 11 west, 5 p. m.” That the mistake was not discovered until after the execution and delivery of said deed, and neither party was aware until after this suit was begun that said deed, and the record thereof had been corrected to accord with the intention of the parties, and said changes were made by parties unknown to defendants, and without their knowledge or consent. Defendants ask that the deed be corrected to conform to the intention of the parties, and that plaintiff’s petition be dismissed. The relief prayed for by the defendants was granted by the court.
II. This cause needs no extended consideration. As we look at it, the plaintiff has failed to show by satisfactory evidence that the deed of the land in controversy was to be of the character he claims. Nor has he established his claim that the deed was to contain certain provision as to the maintenance of gates and bars, and that the same was omitted by mistake or otherwise. The evidence as to these matters is conflicting, and not such as to warrant us in reversing the ease. As to the claim that