118 Iowa 452 | Iowa | 1902
We are confirmed in our conclusion by plaintiff’s present claim. He does not seek to extend his north line to the shore of a lake, but to the half section line, which did not appear on the original plat; for, with the exception of a very small tract in the northwest corner of the section, the lake was shown to cover that whole subdivision outside of plaintiff’s two lots. The half section line certainly does not mark the shore line of any body of water at present or heretofore existing. If we were able to find now, as was done in the former action brought by this i>laintiff, that a tract of land lay north of and between the meander line and .’an existing permanent lake proper to have been meandered, we might, perhaps, reach a conclusion on the facts in harmony with our former opinion; but the evidence before us precludes this. The south shore of the body of water, such as it was, is far south of the half section line according to all the testimony. Beyond this shore or margin, plaintiff’s title could not extend, if that body of water was a permanent lake. Rood v. Wallace, 109 Iowa, 5; Noyes v. Board, 104 Iowa, 174.
The fact that plaintiff claims beyond the shore line, when taken in connection with the testimony going to show that the greater part of such body of water was but temporary in character, is sufficient to convince us that no meander line should ever have been run here. Plaintiff’s present claim, and the facts and arguments in its support.
In our opinion, the plaintiff has no right to any other than the land patented to his grantor, and the decree of the trial court must therefore be reversed.