124 Iowa 398 | Iowa | 1904
Plaintiff is the owner of the lot north of the fifteen-foot strip in question, and of that strip, so far as his title is not in question in this proceeding; and defendant is the owner of the balance of- lot three, with the exception of a strip along the south side, which is not in any way involved in the present controversy. It appears that in 1876 one Jack, then the owner of lot three, conveyed to the then owner of the lot north fifteen feet off the north side of lot three, and that at that time, or soon afterward, there was a house on lot three, which extended substantially six feet north of the south line of that strip, and a fence apparently indicating the north boundary line of the portion of lot three retained by Jack, and subsequently conveyed to the remote grantor of defendant, Talcott. There is no question that for more than ten years before any controversy arose as to the boundary line between the fifteen-foot strip of lot three, owned in connection with the lot north, and conveyed with it in successive conveyances, this fence apparently indicated the boundary between this fifteen-foot strip and the balance of lot three. The property north was actually occupied up to this boundary fence by plaintiff and his..grantors, and the balance of lot three was actually occupied up to the fence by defendant and his grantors. The controversy in this case arises out of the contention on behalf of plaintiff that the line indicated by the fence in question is six feet further north than the true line between the fifteen-foot strip and the balance of'lot three, as established by a recent survey. It is to be borne in mind that the line as thus established runs through defendant’s house, and that, if it is established as the true boundary line, a portion of defendant’s house will be on plaintiff’s property.
The decree of the lower court is affirmed.