John Hancock Mutual Life Insurance v. Behr

Plaintiff seeks to avail itself of prior holdings of this court that, though a defendant claims adversely no other title or interest in the plaintiff’s real estate than the right to have its use and possession as a tenant, the plaintiff-owner may, in an action to quiet title, compel an adjudication of such claimed right, as being, if unfounded, a cloud on plaintiff’s title. See Equitable Life Ins. Co. v. C. C. Taft Co., 192 Iowa 934, 178 N. W. 880; Davis v. Niemann, 219 Iowa 620, 258 N. W. 761. Though in the argument of defendants it is said that in these authorities the facts differ from…