Burdick v. Heivly
Supreme Court of Iowa
Appeal from Winneshiek County. In January, 1865, Henry T. Morse and wife quit-claimed to the plaintiff all their right, title and interest to the particular tract of land described in the petition filed in this action. At that time the land and the legal ownership thereof was occupied and claimed by the defendant. This action of right was brought to dispossess him.
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Appeal from Winneshiek County. In January, 1865, Henry T. Morse and wife quit-claimed to the plaintiff all their right, title and interest to the particular tract of land described in the petition filed in this action. At that time the land and the legal ownership thereof was occupied and claimed by the defendant. This action of right was brought to dispossess him. The defense set up is two fold: 1. That the said Morse, under whom the plaintiff claims, derived title to a tract of land by a conveyance from one ¥m. Painter and wife, who, in describing the land by metes and bounds, made one of…
1Opinion of the Court
Lowe, Ch. J.
Both parties claim to have derived title from a common grantor, Wm. Painter. The alleged mistake in the deed from Painter to Morse, under whom plaintiff claims, is abandoned in argument.
Whether the defense based upon the statute of limitations should prevail will depend upon the character of the possession, for the appellant distinctly admits, that the defendant, and Painter under whom he holds, had possession of the land in dispute for more than ten years, but claims, that it was the result of a mistake on the part of Painter, at least, and as his possession was not adverse in…
2Cases cited5 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1810
- Hunt v. . JohnsonNew York Court of Appeals · 1859
- Dibble v. RogersNew York Supreme Court · 1835
- Jones v. HockmanSupreme Court of Iowa · 1861
3Cited by10 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Grube v. WellsSupreme Court of Iowa · 1871
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Brown v. BridgesSupreme Court of Iowa · 1870
- Mcnamee v. MorelandSupreme Court of Iowa · 1868
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