COMPILED CODE - Iowa Legislature - State of Iowa

433
Tit. XXIX, Ch. 4. LIMITATIONS OF ACTIONS. § 7119.
3 by the provisions of section thirty-four hundred forty-seven-b, supple-
4 ment to the code, 1913.
[37 G. A., ch. 351, § 3.]
NOOK: Section 3447-b, supplement to the code, 1913, appears in amended
form as section 7118 of this supplement, but the reference in the above section
is to the original section and no corresponding compiled code number could be
substituted therefor.
SEC. 7119. Recovery of real estate on claims existing prior to
nineteen hundred—claim filed with county recorder—affidavits
to show possession.
1 No action based upon any claim arising or existing prior to the
2 first day of January, A. D., nineteen hundred, shall be maintained,
3 either at law or in equity, in any court to recover any real estate in
4 this state or to recover or establish any interest therein or claim
5 thereto, legal or equitable, against the holder of the record title to
6 such real estate in possession, when such holder of the record title
7 and his grantors immediate or remote are shown by the record to
8 have held chain of title to said real estate, since the said first day of
9 January, A. D., nineteen hundred, unless such claimant, by himself,
10 or by his attorney or agent, or if he be a minor or under legal dis-
11 ability, by his guardian, trustee or either parent shall within one year
12 from and after July fourth, nineteen hundred nineteen, file in the
13 office of the recorder of deeds of the county wherein such real estate
14 is situated, a statement in writing, which shall be duly acknowledged,
15 definitely describing the real estate involved, the nature and extent of
16 the right or interest claimed, and stating the facts upon which the
17 same is based.
18 For the purposes of this section and sections seventy-one hundred
19 twenty to seventy-one hundred twenty-two, inclusive, of the compiled
20 code, any person who holds title to real estáte by will or descent from
21 any person who held the title of record to such real estate at the date
22 of his death or who holds title by decree or order of any court, or under
23 any tax deed, trustee's, referee's, guardian's, executor's, adm'inistra-
24 tor's, receiver's, assignee's, master's in chancery or sheriff's deed, shall
25 be deemed to hold chain of title the same as though holding by direct
26 conveyance.
27 For the purposes of this section, such possession of said real es-
28 tate may be shown of record by affidavits showing such possession,
29 and when said affidavits have been filed and recorded, it shall be the
30 duty of the recorder to enter upon the margin of said record, a cer-
31 tificate to the effect that said affidavits were filed by the owner in
32 possession, as named in said affidavits, or by his attorney in fact, as
33 shown by the. records.
[38 G. A., ch. 270, § 1 ; 39 G. A., ch. 55, § 1.]
28