178 Iowa 491 | Iowa | 1916
The conceded facts may be stated as follows: Arend Van Wechel was three times married. His
From the time Arend, Van Wechel obtained the deed, in 1883, pursuant to said administrator’s sale, he remained in possession of the property openly and notoriously, claiming to be the owner thereof, and exercising all ordinal powerfe and acts of ownership, until the time of his death, in the year 1914. The plaintiff Aaldert Van Wechel was born in the year 1878, and Gerridina Blezina Luchtenberg, in 1880, and both had arrived at their majority at least 15 years before the death of their father. The relations between the plaintiffs and their father appear at all times to have been amicable.
This action was begun September 18, 1914. Upon sev
I. It is manifest from the foregoing statement that, if the suit is barred by the statute, or if plaintiffs are estopped by their laches, the decree below must be affirmed, without regard to other questions raised in the pleadings and argued in the briefs of counsel. For that reason, we give this issue first consideration.
The several statutory provisions having more or less direct application at this point are as follows: Actions for the recovery of real property must be brought within 10 years after the cause thereof accrues. 'Code Section 3447, Par. 7. Actions for relief on the ground of fraud in cases formerly solely cognizable in chancery must be brought within 5 years. Code Section 3447, Par. 6. Actions for the recovery of real estate sold by an executor or administrator cannot be maintained unless brought within 5 years after the sale. Code Section 3332. In actions for relief on the ground of fraud, the cause of action will not be held to have accrued until the fraud complained of shall have been discovered by the party aggrieved. Code Section 3448. The time within which actions may be brought, as provided in the general statute of limitations, is extended in favor of minors and insane persons for one year after, the termination of such disability. Code Section 3453.
This action was not begun until 31 years after the admin
In view of the effect which we give to the statute of limitations, it is unnecessary for us to go into the question whether there was any fraud, actual or constructive, in the sale and conveyance, or to what extent the defenses of estoppel and adverse possession are available to the appellees. So far as we can see, the proceedings in probate were given all due publicity, and there was at no time any attempt to deceive the plaintiffs, or to conceal from them anything done in the premises. A right of action which has been held in abeyance for more than 30 years, and until the party charged with wrong is dead, ought not to have favorable consideration in the courts, except upon'a very clear showing of right, together with a clearly sufficient excuse for the delay in asserting it.
The’ decree below is right, and it is therefore — Affirmed.