64 Iowa 438 | Iowa | 1884
In 1856, W. A. Scott, through whom both the plaintiffs and the defendants claim, was the owner of a tract of land which included the land in question. As such owner, he laid out the tract into lots, and made a plat thereof. Whether he filed the same for record does not appear by direct evidence; but it is shown that it was filed by some one, and, as the land was owned by him, and as he made the plat and sold- lots by it, we think that the presumption is that it was filed by him. The plaintiffs insist, however, that, conceding this to be so, what was done was insufficient to constitute a statutory dedication.
The statute in force at that time, in relation to the platting of land and dedication of streets and public grounds, required that the land should be surveyed, and the lots marked by stakes at the corners; that a map should be made, showing where the stakes are set; that the plat should be acknowledged and the acknowledgment certified upon the map; and that the plat and acknowledgment should be presented to the county judge, who, if satisfied that the law had been complied with, should enter upon the plat an order that the whole be recorded. Code of 1851, sections 633, 634, 635 and 636. The plat in question purports to have been made in accordance with a survey; also to have been acknowledged before a
The plaintiffs insist, however, that the plat is insufficient, in that the land platted cannot be located, and that the certificate of acknowledgment is insufficient, in that it does not appear that the notary’s seal was attached.
As to the first objection, we have,to say that there are shown the sections containing the platted land, the direction and width of the streets, the dimensions of the lots, and stones are marked upon the map, wdth a recital that the same are shown upon the ground. We may assume that the stones did at the time appear upon the ground, and could have been found, and, if so, we think that the laud could have been located.
But it is said that the order is insufficient, in that it directs merely that the plat should b'e recorded, whereas the statute provides that the order shall be that the whole be recorded; that is, the plat and certificate of acknowledgment. Strictly, perhaps, the certificate of acknowledgment of a plat is not a part of the plat. But we think that the county judge used the word “plat” to denote the -paper or document before him, with all the endorsements thereon. So far, then, it appears that nothing occurred of which the plaintiffs can properly complain.
The plaintiffs’ position is, that the title could pass from Scott only by the recording, and, as that was not done in his life-time, the subsequent recording could not have the effect to pass the title. The statute relied upon is in these words: “ The acknowledgment and recording of such plat is equivalent to a deed in fee simple.” Possibly a purchaser for value from W. A. Scott w'ould not have been charged with constructive. notice of the plat merely by reason of the filing of the same. But we have not such question before us. The
It is proper in this connection that we should observe that there was evidence showing that, between the time the plat was filed and the time it was recorded, it was taken from the recorder’s office. The plaintiffs rely upon this fact as a revocation of the recorder’s authority to record the plat. But, in the
Affirmed.