68 Iowa 507 | Iowa | 1886
The plaintiff' attached an abstract of title to his petition, as required by section 3251 of the Code. He does not aver nor claim in his petition that he holds the land by a regular chain of title from the general government. He bases his claim to the land upon some twelve years’ actual
There is no question made but that the statute of limitations would run against the railroad company and its grantees, and the plaintiff held adverse possession for more than ten years after the railroad company acquired title. Even if his possession originated while the title was in the government, its adverse character attached and became operative from the time the title passed to the railroad company. Railroad Co. v. Allfree, supra.
We think the plaintiff should have a decree quieting his title to all of the land in controvery. The cause will be affirmed on defendants appeal, and on plaintiff’s appeal it will be
Reversed.