Varnum v. Shuler
Supreme Court of Iowa
Appeal from Poweshiek District Oourt. Action in chancery to quiet and establish plaintiff’s title to certain land against the claims of defendants. The answer of defendants alleges that plaintiff’s claim of title is based upon certain tax sales and deeds, which, it is averred, are irregular, fraudulent and void. Defendants allege that they hold the patent title to the land, and pray that it be quieted in them.
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Appeal from Poweshiek District Oourt. Action in chancery to quiet and establish plaintiff’s title to certain land against the claims of defendants. The answer of defendants alleges that plaintiff’s claim of title is based upon certain tax sales and deeds, which, it is averred, are irregular, fraudulent and void. Defendants allege that they hold the patent title to the land, and pray that it be quieted in them. They claim in their pleadings that plaintiff’s action is barred by Code, § 902, providing that no action for the recovery of property sold for the non-payment of taxes can be maintained…
1Opinion of the CourtBeck, J.
i. tax title: quStlon: . statute of limnations. I. The plaintiff claims title under a tax sale and deed, of which due proof was made at the trial. lie seems to hold two or three successive tax deeds, but relies on the one last executed. Nothing .. ..... . further need be said as to his title, m the view we take of the case, than that the sales and deeds appear to be valid. In other-words, he claims title under a treasurer’s deed which, upon its face, is regular and formal. While the defendants allege in their answer that they hold the government title, which is denied by plaintiff, they…
2Cited by12 opinions
- Petersborough Savings Bank v. Des Moines Savings BankSupreme Court of Iowa · 1900
- Busch v. HallSupreme Court of Iowa · 1903
- Foster & Co. v. EllsworthSupreme Court of Iowa · 1887
- Kreuger v. WalkerSupreme Court of Iowa · 1890
- Baird v. LawSupreme Court of Iowa · 1895
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