83 Iowa 682 | Iowa | 1891
II. The defendants claim that the fifty feet in block 15, not designated by a number, should be apportioned between all of the owners in the block, while the plaintiff insists that the defendants’ lots are fixed and determined by the first plat, and that they hold no interest, right or title, except to the lots 1, 2, 3 and 4, as designated in the'plat. In our opinion, the plaintiff’s claim is correct, and the defendants have no title, right or interest in any part of the block, except lots 1, 2,3 and 4, as designated by the first plat. This position is supported upon the obvious reason that the conveyances to the defendants’ grantors by using the description of the plat then in existence adopted the descriptions of that plat, which thus became, in effect, a part of the conveyance. The defendants thus acquired title only to lots 1, 2, 3 and 4, which are of the dimensions as shown by the plat.
These views upon this point dispose of the case, and render unnecessary the consideration of the able, acute and extended argument of counsel upon other branches of the case. The judgment of the district ■COUrt ÍS AFFIRMED.