Good v. Norley
Supreme Court of Iowa
Appeal from, Polk District Court. Action in chancery.- — -The facts disclosed by the record are substantially as follows: In the month of September, 1851, one John Norley died intestate, seized in fee simple of the real estate described in the plaintiff’s petition, and leaving as his widow the defendant, Sarah Ann Fifield, then Norley, and the defendant, Mary Norley, then an infant under the age of two years, his only child.
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Appeal from, Polk District Court. Action in chancery.- — -The facts disclosed by the record are substantially as follows: In the month of September, 1851, one John Norley died intestate, seized in fee simple of the real estate described in the plaintiff’s petition, and leaving as his widow the defendant, Sarah Ann Fifield, then Norley, and the defendant, Mary Norley, then an infant under the age of two years, his only child. April 6, 1852, John M. Perry, his administrator, as such, filed in the County Court of Polk county a petition for an order to sell real estate, including the parcel in…
1ConcurrenceCole, J.
I concur with Mr. Justice Beck in his conclusion, and, in my opinion, there is one point bearing upon the question of the statute of limitations which has such a controlling influence with me that it ought to be stated. The statute, it will be seen, makes the lapse of time simply a bar. While most, if not all, general statutes of limitation require not only lapse of time, but adverse possession also; and many of them require a color of title upon which to ground the adverse possession. Now, I think, where a color of title is required in order to support an adverse possession under the…
2Cases cited13 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Pursley v. HayesSupreme Court of Iowa · 1867
- Bustard v. GatesCourt of Appeals of Kentucky · 1836
- Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
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