Litchfield v. Sewell
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. D. R. Hindman, Judge. Suit in equity to quiet the title to certain lands, which were included in what is known as the “Des Moines River Land Grant.” The defendants pleaded the statute of limitations, and claim title by adverse possession. They also interposed a counterclaim, asking that the title be quieted in them.
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Appeal from Webster District Court. — Hon. D. R. Hindman, Judge. Suit in equity to quiet the title to certain lands, which were included in what is known as the “Des Moines River Land Grant.” The defendants pleaded the statute of limitations, and claim title by adverse possession. They also interposed a counterclaim, asking that the title be quieted in them. The plaintiff denied the adverse possession, and pleaded that defendants’ possession had at all times been with open recognition of plaintiff’s title and ownership. Thé cause was tried to the court, and a decree was rendered, quieting the…
1Opinion of the CourtDeemer, J.
1 *2502 *248-It is practically conceded that plaintiff is the owner of the patent, or paper, title to the land in controversy, by virtue of certain mesne conveyances from the United States government through the Des Moines Navigation & Railroad Company, and that he is entitled to a decree quieting his title unless the defendants have established a title thereto through adverse possession; and the only question for our determination is, whether defendants have established their defense as to one forty acres of land, known as the “North 40.” There is no question that defendants had been in possession of…
2Cases cited11 opinions
- Close v. SammSupreme Court of Iowa · 1869
- Lovell v. FrostCalifornia Supreme Court · 1872
- Mcnamee v. MorelandSupreme Court of Iowa · 1868
- Jones v. HockmanSupreme Court of Iowa · 1861
- McCamy v. HigdonSupreme Court of Georgia · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Goulding v. ShonquistSupreme Court of Iowa · 1913
- Nichols v. KirchnerSupreme Court of Iowa · 1949
- Carpenter v. RupertoSupreme Court of Iowa · 1982
- Creel v. HammansSupreme Court of Iowa · 1944
16 more not listed; retrieve them via the Exa API.