124 Iowa 729 | Iowa | 1904
The property in controversy is lot fourteen, subdivision of lot four, block four, in the original plat of Decorah. The plaintiffs are A. R. Severson and W. E.. O. Shaw. The latter claims to be the owner and holder of the legal title to- the property, and the interest of the former is that he holds a contract under Shaw for a conveyance, upon-condition, of a fraction of the property. The property was-originally owned by M. O. Walker. Plaintiffs trace title to-a sheriff’s deeded executed in April, 1874, to Charles Golz; such deed being based upon a judgment against said Walker-in favor of third persons. It appears that Golz held possession of the property, taking the rents and profits and paying taxes, until June, 1889. In. the meantime he mortgaged' the same to J. B. Shaw, and this mortgage having been foreclosed, the property was sold at sheriff’s sale on the date last mentioned; Shaw, the mortgagee, becoming the purchaser.. The latter entered into possession, and continued therein-until his death in the year 1898. Plaintiff Shaw was his only heir at law, and at once took possession, and has continued therein, paying taxes, etc., ever since. Severson since the date of his eohtract has been in possession of the