Clark v. Sexton
Supreme Court of Iowa
Appeal from Warren District Court. — 'HoN. A. W. WiLKiN-soN, Judge. Suit in equity to .quiet plaintiff’s title to a certain forty acres of land in Warren county.
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Appeal from Warren District Court. — 'HoN. A. W. WiLKiN-soN, Judge. Suit in equity to .quiet plaintiff’s title to a certain forty acres of land in Warren county. Defendant Sexton claims under a tax title acquired in the year 1867. The other defendants were in possession of the land under Sexton, having gone into the occupancy of the same in April of the year 1900. Plaintiff relies upon the short five-year statute of limitations barring actions for assertion of tax titles; and upon the general ten-year statute of limitations, and adverse possession. The case was tried to the court on these and…
1Opinion of the CourtDeemer, C. J.
Plaintiff acquired his title through certain mesne conveyances from the general government in July of the year 1887, and immediately went into possession of the land, and continued to occupy it until dispossessed by the defendants in April of the year 1900. He did not live upon the land, it is true, but made such use of it as owners usually do of premises upon which they do not reside. In April of the year 1894 he caused the entire tract to be fenced, and has generally paid the taxes thereon. Plaintiff obtained title by a quitclaim deed from the Minnesota Land & Debenture Company, a…
2Cases cited4 opinions
- Barrett v. LoveSupreme Court of Iowa · 1878
- Litchfield v. SewellSupreme Court of Iowa · 1896
- of Griffith v. CarterSupreme Court of Iowa · 1884
- Stillman v. RosenbergSupreme Court of Iowa · 1900
3Cited by5 opinions
- Hughes v. WyattSupreme Court of Iowa · 1910
- McBride v. CaldwellSupreme Court of Iowa · 1909
- King v. BoltSupreme Court of Iowa · 1911
- McCormick v. AndersonSupreme Court of Iowa · 1940
- McCormick v. AndersonSupreme Court of Iowa · 1940