88 Iowa 9 | Iowa | 1893
We may also, in this connection, settle another question of pleading or contention as to the issues. The petition contains allegations as to adverse possession of the strip of land for. twenty-five years or more, and that the line on which the fence was, during'that time, was the “recognized and accepted line between the plaintiff’s land and that of Beddow.” The appellant’s view is that, aside from the legal title, he would be entitled to recover because of such possession. The allegations as to adverse possession are mingled with those for a recovery because of the ownership of the land as a part of that purchased by the plaintiff, and within the same congressional division. If such allegations were intended as an independent basis of recovery, as now contended, they should have been pleaded independently, as the rules of pleading
The other assignments argued pertained to the action of the court in its instructions, whereby the inquiry was limited to what “was the true boundary line between the north and south halves of section 10,” and thereby excluded the question of adverse possession. This action of the court accords with our view of the issues as before expressed, and the point needs no further consideration. The judgment is aeeiemed.