Hintrager v. Smith
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. J. J. Ney, Judge. This is an action to recover possession of certain real property, and damages for rents, and for wood cut and removed from the premises. The defendant pleaded the statute of limitations, which plea the court withdrew from the consideration of the jury, and ordered a verdict for the plaintiff, upon which judgment was entered. The defendant appeals.
1Opinion of the CourtGiven, J.
I. The defendant was in actual, continuous, visible, and exclusive possession of the land from 1878 to the time this case was tried, January 19, 1892. This action was not commenced until December 24, 1890, more than ten years after the defendant’s possession began, wherefore the defendant claims that this action is barred by section 2529 of the Code, which provides, that actions for the recovery of real property may be brought within ten years after the cause accrues, and not afterwards.
On March 13, 1879, the plaintiff commenced an action against the defendant to quiet the title to this land…
2Cases cited3 opinions
- Larum v. WilmerSupreme Court of Iowa · 1872
- Garrett v. Bicklin, Winzer & Co.Supreme Court of Iowa · 1889
- Knudson v. LitchfieldSupreme Court of Iowa · 1893
3Cited by7 opinions
- Thomson v. WeismanTexas Supreme Court · 1904
- Park v. SweetenCourt of Appeals of Texas · 1954
- Harms v. CoryellIllinois Supreme Court · 1898
- Whiteman v. City of San DiegoCalifornia Supreme Court · 1920
- Stone v. Kansas City & Westport Belt Railway Co.Supreme Court of Missouri · 1914
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