Felch v. Finch
Supreme Court of Iowa
Appeal from Sancoch District Cottrt. In the month of September, 1S56, one Charles Felch became the owner in fee of 160 acres of land in Hancock county. On the 27th day of December, 1856, said Eelcb conveyed said land to Henry Budka by a deed, with covenants of general warranty. Budka afterward conveyed the land to William H. Seymour, and Seymour conveyed to John Maben.
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Appeal from Sancoch District Cottrt. In the month of September, 1S56, one Charles Felch became the owner in fee of 160 acres of land in Hancock county. On the 27th day of December, 1856, said Eelcb conveyed said land to Henry Budka by a deed, with covenants of general warranty. Budka afterward conveyed the land to William H. Seymour, and Seymour conveyed to John Maben. In 1870, Jolin Maben laid out and platted said land into town lots, and the same now constitutes the town of Garner. The defendant is the owner of certain lots in said town, which he acquired through Maben, and is invested with…
1Opinion of the CourtRothkook, J.
i dowek- aceÍ°nstatute°of limitations. — I. It appears from the evidence that Charles Felch died June 10,1862. This suit was commenced in 1876. The land in controversy was wild uncultivated prairie, and not in the actual possession of any one until the year 1870. Appellant claims that the action is barred by the statute of limitations, because it should have been commenced within ten years from the death of the husband. This is an action to recover dower. It has always been recognized as a distinct proceeding from the application for the admeasurement of dower provided for in Code, section…
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