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