95 Iowa 717 | Iowa | 1895
1. ' The plaintiff claims title to the land under the act oil congress known as the “Railroad-Land Grant,” of May 15, 1856, aind a grant from the state of Iowa to the Dubuque & Pacific Railway Company, and by subsequent transfers to the Dubuque & Sioux City Railway Company, and by a certification of the land by the department of the interior to the last-named company, bearing date November 14, 1891, and by a quitclaim deed from the railroad company to William Ragan, and a like deed from Ragan to the plaintiff. The defendant’s claim of ownership is founded on what is known as the “Swamp-Land Grant,” paissied by congress on the twenty-'eighth day of September, 1850, and by an act of the general assembly of this state passed January 13, 1853, and the subsequent selection of the land as swamp land, and the isale of thie same by the county of Webster to John F. Duncombe, a deed from Duncombe to Thomas Snell, and by a written contract of sale of the land by Snell to the defendant, dated in the month of June, 1875, and a warranty deed from Snell to the plaintiff, dated in June, 1880. At the time of the contract of purchase from Snell, the defendant paid one hundred dollars of the purchase ■money, and in the same year he took actual possession of the land, and he has ever since that time been in aictual, open, and notorious occupancy of the same. He erected a dwelling house and farm buildings on the land-, and has occupied and used them from 1875 to the present time. The consideration- paid by the defendant for the land was six dollars -and fifty cents an acre.
The first question tot be determined is, was the land in September, 1850, when the swamp-land act was passed by congress, of thie character designated as 'swamp- land in the grant. A number of witnesses
III. In addition, to the facts, above found, it may be well to. consider the equities between the parties. If the railroad company ever had any valid claim to this land, it should have made the discovery long before the year 1878. All of its lands in Webster, county were earned yeans before that time. Its agents and experts were on this land in 1877 for the purpose of making examination of it. The defendant was then in actual possession, having Ms home on the land, and they knew it. The requirement of the general land office was that all parties claiming an interest in the land! should be served with notice of the right to appeal from the decision of the local land office. No attempt was made to serve any notice on the defendant nor on Snell, who was the record owner of the swamp-land claim. It does not appear how a survey of the land was accomplished in September, 1877, without the knowledge of the defendant or some of Ms family. This action was brought in January,