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action actual adverse possession alleged amount appeared application assertion authority benefit breach cause circumstances claim Class constitute constructive contract conveyed corporation cost County court covenant damages death decision deed defendant discretion duty easement effect employee employment entitled eviction evidence exercise existence fact fraud give given grantee ground Headnote held holding improvements income injury interest Iowa issue judgment jury land lease limited maintain Mass matter ment necessary notice opinion option owner paid paramount parties payment performance person plaintiff possession premises present purchase question reason received recover relation residence result rule shares statute stockholders sufficient suit supra SW2d term thereof tion trustee United warranty