Brett v. Farr
Supreme Court of Iowa
Appeal from Black Hawk Oireuit Court. Action in chancery to quiet the title of certain land, and to restrain defendant from committing trespass thereon by cutting and removing wood and timber. There was a decree in the court below dismissing plaintiff’s petition, from which he appeals.
1Opinion of the Court
Beck, Ch. J.
I. The plaintiff holds a tax title to the land involved in this action. The defendant holds the title under a patent from the government. There is no question made as to the validity of the tax title, defendant resting his only defense upon the statute of limitations, alleging that he has held such an adverse possession of the land as will bar plaintiff’s right to maintain an action therefor. The question of possession is the only one in the case. The land in controversy is “ timber,” and is not inclosed, and has never been used for any other purpose than to supply wood, rails and…
2Cases cited1 opinion
- of Griffith v. CarterSupreme Court of Iowa · 1884
3Cited by5 opinions
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Wilson v. ShipmanNebraska Supreme Court · 1892
- Smith v. HuberSupreme Court of Iowa · 1938
- Wallis v. ClinkenbeardSupreme Court of Iowa · 1932
- Roth v. MunzenmaierSupreme Court of Iowa · 1902