Goulding v. Shonquist
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hón. E. B. Woodruff, Judge. Plaintiff brought this action to recover possession of four lots, containing about three acres, in East Omaha, in Pottawattamie county. Defendant claimed the title and right of possession by prescription, and that, based on a claim of right, he had been in adverse possession for more than ten years; that therefore the action was barred.
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Appeal from Pottawattamie District Court. — Hón. E. B. Woodruff, Judge. Plaintiff brought this action to recover possession of four lots, containing about three acres, in East Omaha, in Pottawattamie county. Defendant claimed the title and right of possession by prescription, and that, based on a claim of right, he had been in adverse possession for more than ten years; that therefore the action was barred. At the conclusion of all the evidence, the court directed a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtPreston, J.
There is no dispute in the evidence. Plaintiff is a nonresident of the state. She acquired title to the property by warranty deed about thirteen years ago, and the abstract shows a complete chain of title from .the government down to her. She has paid all taxes. Defendant lives on and owns the land adjoining the lots in controversy, or rather just across the street, but, at the time he took possession of the lots in controversy, the street had not been used. When he moved into his own house, the land in controversy was *649partly tinder water, and nearly all of it grown up with, brush and…
2Cases cited17 opinions
- Grube v. WellsSupreme Court of Iowa · 1871
- Hamilton v. WrightSupreme Court of Iowa · 1870
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Litchfield v. SewellSupreme Court of Iowa · 1896
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Carpenter v. RupertoSupreme Court of Iowa · 1982
- Creel v. HammansSupreme Court of Iowa · 1944
- McFerrin v. WiltseSupreme Court of Iowa · 1930
- Christopherson v. Incorporated TownSupreme Court of Iowa · 1916
- Petrus v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1953
19 more not listed; retrieve them via the Exa API.