Robinson v. Lake
Supreme Court of Iowa
Appeal from Clinton District Court. To an action of right to recover a part of lot 1, block 17, in Lyons city, the defendant pleaded as follows: 1. That at the time of the commencement of this action, and immediately prior thereto, the defendant, under claim of absolute right and 'title in fee in himself to the whole of the real estate described in said petition, and. under color of title thereto, bad been in the continued, actual, adverse, exclusive, visible and notorious…
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Appeal from Clinton District Court. To an action of right to recover a part of lot 1, block 17, in Lyons city, the defendant pleaded as follows: 1. That at the time of the commencement of this action, and immediately prior thereto, the defendant, under claim of absolute right and 'title in fee in himself to the whole of the real estate described in said petition, and. under color of title thereto, bad been in the continued, actual, adverse, exclusive, visible and notorious possession of the said real estate for more than ten years, and including more than five years after the first day of…
1Opinion of the CourtWright, J.
This action was commenced September 23, 1859. The argument of appellant in support of his demurrer may be stated thus: A plea of the statute of limitations, and one of adverse possession, are perfect and distinct modes of defense, or of resisting a recovery of land. The first is good in an action of right in favor of a trespasser without color of right, who occupies adversely for the time limited, running from the time of plaintiff’s title. The second can only avail when defendant holds during the whole time fixed by the statute of limitations; that in 1848 the statute of limitations was…
2Cases cited1 opinion
- Wright v. KeithlerSupreme Court of Iowa · 1858
3Cited by10 opinions
- Evitts v. RothTexas Supreme Court · 1884
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Dwight v. City of Des MoinesSupreme Court of Iowa · 1916
- Parker v. BainesTexas Supreme Court · 1886
- American Emigrant Co. v. FullerSupreme Court of Iowa · 1891
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