Clagett v. Conlee
Supreme Court of Iowa
Appeal from Lee District Court. Appeal from Van Burén District Court. Actions oe right. Plaintiffs derive title through and under the decree, partitioning the “ Half Breed Tract," in Lee county. Defendants rely upon their plea of the statute of limitations. Conceding the validity of the “decree” (with which we have nothing to do in these cases), the fee simple to the lands is in the respective plaintiffs.
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Appeal from Lee District Court. Appeal from Van Burén District Court. Actions oe right. Plaintiffs derive title through and under the decree, partitioning the “ Half Breed Tract," in Lee county. Defendants rely upon their plea of the statute of limitations. Conceding the validity of the “decree” (with which we have nothing to do in these cases), the fee simple to the lands is in the respective plaintiffs. It also appears that defendants and those under whom they claim had been in the actual occupancy and possession of said lands for such a number of years anterior to the commencement of these…
1Opinion of the Court
Weight, Ch. J.
These eases involve substantially but one question, and they are, therefore, considered together.
The statute declares that actions for the recovery of real *489property shall be brought within ten years after the cause of action accrues, and not afterwards. (Rev., § 2740, Code, § 1659.) Suppose a defendant and those under whom he claims to have been in possession (not under plaintiff or his title, nor with his consent), but without any color or claim of title, is such a possession so inconsistent with plaintiff’s right as to defeat his action, brought after the lapse of ten years ?…
2Cases cited3 opinions
- Dungan v. Von PuhlSupreme Court of Iowa · 1859
- Jones v. HockmanSupreme Court of Iowa · 1861
- Wright v. KeithlerSupreme Court of Iowa · 1858
3Cited by6 opinions
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Goulding v. ShonquistSupreme Court of Iowa · 1913
- Schmidt v. ZahensdorfSupreme Court of Iowa · 1870
- Hamilton v. WrightSupreme Court of Iowa · 1870
- Mally v. MallySupreme Court of Iowa · 1870
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