134 Iowa 157 | Iowa | 1907
The above statute is broad in its terms, and, while it does not purport to supply an acknowledgment entirely omitted, it does undertake to cure all defects short of so supplying such omission. It is urged, however, that, as the acknowledgment of a plat is made by the statute essential to the conveyance of the title in the streets to the municipality, the curative act has no application. Language to this effect will be found in Goodykoontz v. Olsen, 54 Iowa, 174, where the court held the acknowledgment of a tax deed to be a part of its execution by the county treasurer. Under the Revision 1860, section 784, such deed did not constitute a conveyance until the officer had acknowledged it, and the owner might not be divested of his property through tax sale in any other way. But subdivisions of land may be disposed of without platting, and the public be invested with title in the streets by dedication otherwise than platting. See section 568, Code 1873. The platting and recording is largely a matter of convenience in the matter of transfers, taxation, and the like (Brown v. Tabor, 103 Iowa, 1), and even though section 561, Code 1873, does declare that “ The acknowledgment of such plat is equivalent to a deed in fee simple of such portion of the premises platted as is on such plat set apart for streets or other public use,” the title to such
True the land was also otherwise described in these deeds, but this does not militate against the inferences to be drawn from their recitals. The plaintiff traces .her title through these deeds, but not necessarily through the description by blocks, save possibly that of Gray. See Quinnin v. Reimers, 46 Mich. 605 (10 N. W. 35), and Johnstone v. Scott, 11 Mich. 232, holding that, if both parties claim through a plat, its validity becomes immaterial. The plat was an instrument in writing, within the meaning of the curative act (Williams v. Milwaukee, etc., Ass'n, 79
The decree dismissing the plaintiff’s petition is affirmed.