Meyers v. Canutt

46 N.W.2d 72, 242 Iowa 692, 24 A.L.R. 2d 1, 1951 Iowa Sup. LEXIS 422
CourtSupreme Court of Iowa
DecidedFebruary 6, 1951
Docket47742
StatusPublished
Cited by20 cases

This text of 46 N.W.2d 72 (Meyers v. Canutt) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyers v. Canutt, 46 N.W.2d 72, 242 Iowa 692, 24 A.L.R. 2d 1, 1951 Iowa Sup. LEXIS 422 (iowa 1951).

Opinions

Garfield, J.

After the trial Elmer Hollinberger, original plaintiff, died and Grace Meyers was substituted as .plaintiff. [695]*695However, for convenience we will refer to Hollinberger as plaintiff.

Ashbel W. and John L. Canutt, brothers, formerly owned two lots in Adel. Ashbel acquired the interest of John L. Upon Ashbel’s death sometime before 1920 the property descended to his widow, Sarah Jane, and five adult children. The family dwelling was located on the north half of the lots. In March 1924, the widow deeded her one-third interest in the property to her son John W. Canutt, a defendant. However, the deed was not filed for record until March 1938. The widow continued to reside on the premises.

In December 1926, plaintiff (seventy-nine at time of tidal) married the widow Sarah Jane (a blind pensioner) and moved into the dwelling with her on the north half of the lots. In the summer of 1930 plaintiff purchased a seven-room house for $250, dug a basement on the south half of the lots, built a foundation, moved and set the house on the foundation, repaired and painted the house, built a chimney, dug a sewer, installed a used furnace and moved a garage onto the premises. Plaintiff, a mechanic, did much of the work himself, the rest he hired and paid for. The total cost to him (including* the $250) was about $700, according to his oral testimony. The exhibits indicate the cost exceeded $700.

Plaintiff and Sarah Jane occupied this house on the south half of the lots from 1930 until Sarah Jane died in March 1943. Plaintiff then continued to live there until April 1945, when he rented it to one McAtee, reserving a bed for himself. Some of plaintiff’s belongings remained in the house and garage, he continued to use the garage and get his mail at the house. In July 1948, defendant John W. Canutt, who apparently acquired the interests of his brothers and sisters in the two lots, sold them to Gottschalk who notified McAtee to pay plaintiff no more rent.

A few days after this sale to Gottschalk plaintiff brought ■this action against John W. Canutt and wife and Gottschalk and wife to quiet title to the south half of the lots on the theory of adverse possession and, in a second count, to recover for the improvements placed thereon by plaintiff under the oecupyingclaimants law (chapter 560, Code, 1946). At the conclusion of plaintiff’s evidence, on defendants’ motion, plaintiff’s petition [696]*696was dismissed and he has appealed. The trial court’s decision seems to be largely based on the conclusion plaintiff did not claim to be the owner of the property or at least there was insufficient basis for plaintiff to believe he was the owner.

I. We are agreed plaintiff has failed to establish title on the theory of adverse possession. To establish ownership by adverse possession-plaintiff was required to prove hostile, actual, open, exclusive and continuous possession, under claim of right or color of title, for at least ten years. While title by adverse possession is a legal title in fee simple, the doctrine is to be taken strictly. The acts of one who claims property of another by adverse possession are to be strictly construed. The law presumes possession of land is under the regular title. Nichols v. Kirchner, 241 Iowa 99, 103, 40 N.W.2d 13, 16, and citations. See also 1 Am. Jur., Adverse Possession, sections 126, 238; 2 C.J.S., Adverse Possession, sections 8, 214a, 215.

“In an action involving a claim of title by adverse possession every presumption * * * is against the claimant * * 2 C.J.S., Adverse Possession, section 215a.

II. Code section 560.1 authorizes recovery by an occupant of real estate who has color of title for valuable improvements made thereon in good faith. The two essentials for recovery are color of title and good faith in making the improvements. Lunquest v. Ten Eyck, 40 Iowa 213, 215; Betz v. Sioux City, 240 Iowa 941, 944, 38 N.W.2d 628, 630.

Defendants do not question the procedure adopted by plaintiff to obtain relief as an occupying claimant and we are not inclined to do so upon our own motion. It is a consideration of some importance, favorable to plaintiff, that the suit is in equity, tried as such and not as an ordinary action like the usual occupying-claimant petition under Code section 560.3.

Betz v. Sioux City, 239 Iowa 95, 99, 30 N.W.2d 778, 780, clearly points out the inequitable character of the early common-law rule that the owner of land was under no liability to pay for improvements made thereon by an occupying claimant and says:

“The nature and purpose of these occupying-claimant statutes are such that courts have uniformly accorded them a broad and liberal construction. As said * * * in Stump v. Hornback, 109 Mo. 272, 280, 18 S.W. 37, 39: ‘The statute growing out [697]*697of the application of equitable principles should, be given a liberal construction so as to do, as far as possible, under its provisions, complete justice between the parties.’

■“* * * Maxey v. Patterson, 82 S.W.2d 386, 388, expressed a like thought:

“ ‘The rule which allows one to recover for improvements so placed by him on the property of another has its origin in the principles of equity and is based on a sound policy which requires fair and honest dealing between man and man. [Citing cases.] Therefore, the right thus recognized by the statute ought not to be defeated by the application of unnecessary technical rules.’ ”

Several other authorities to the same general effect are cited in the Betz opinion in 239 Iowa. (Betz v. Sioux City was before us three times.) The rule of liberal statutory construction stated in Code section 4.2 also seems peculiarly applicable to chapter 560. ¥e are therefore justified in looking more favorably upon plaintiff’s claim for compensation under the occupying-elaimants law than upon his claim of ownership under the theory of adverse possession.

III. There can be little doubt plaintiff had color of title within the meaning of chapter 560. Section 560.2, paragraph 2, provides that one has color of title “who has by himself or together with those under whom he claims, occupied the premises for .a period of five years continuously.” That five years continuous occupancy constitutes color of title under this law see Craton v. Wright, 16 Iowa 133, 137; Lunquest v. Ten Eyck, supra, 40 Iowa 213; Welles v. Newsom, 76 Iowa 81, 83, 40 N.W. 105; Betz v. Sioux City, supra, 240 Iowa 941, 945, 38 N.W.2d 628, 630.

Plaintiff continuously occupied the south half of the lots as his home from the summer of 1930 until his wife died in March 1943. Thereafter he was a continuous occupant at least until defendant John Canutt sold to G-ottschalk in July 1948. Occupancy of plaintiff’s tenant from April 1945 until the sale to Gottschalk was the equivalent of personal occupancy by plaintiff. Parsons v. Moses (Dillon, J.), 16 Iowa 440, 441, 442, cited with approval in Betz v. Sioux City, supra, 239 Iowa 95, 99, 30 N.W.2d 778, 780.

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Meyers v. Canutt
46 N.W.2d 72 (Supreme Court of Iowa, 1951)

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Bluebook (online)
46 N.W.2d 72, 242 Iowa 692, 24 A.L.R. 2d 1, 1951 Iowa Sup. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyers-v-canutt-iowa-1951.