Legal Opinion · Dissent

Hawley v. Griffin

Supreme Court of Iowa

Decided October 30, 1903Published

Appeal from Clay District Court. — Ho®. Lot Thomas, Judge. Or the above-entitled actions, Nos. 2,300, 2,308, and 2,326 are suits in equity to set aside certain tax deeds, and redeem from tax sales under which defendants claim title to lands owned hy plaintiff s’ ancestor, John Irwin, in Olay county, Iowa.

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Appeal from Clay District Court. — Ho®. Lot Thomas, Judge. Or the above-entitled actions, Nos. 2,300, 2,308, and 2,326 are suits in equity to set aside certain tax deeds, and redeem from tax sales under which defendants claim title to lands owned hy plaintiff s’ ancestor, John Irwin, in Olay county, Iowa. Actions Nos. 497, 572, and 1,695 were originally brought by the plaintiffs named therein to quiet their title to the same lands above referred to, and decrees obtained as prayed for. In these last-named actions, the parties who are plaintiffs in the first three actions above named appear and…

1DissentWeaver, J.

(dissenting). — We have heretofore determined that John Irwin was insane from a date prior to the sale of the land for taxes to the time of his death, and that the decree quieting the tax title in Griffin was irregular and voidable. The supplementary opinion concedes that Irwin’s representatives had the right to appear within one year after his death, and have the decree set aside, and make defense against Griffin’s claim, and that such appearance was in fact made in due time. Notwithstanding all these findings, and notwithstanding it declares for a reversal of the order of the district court…

2Cases cited17 opinions

  1. Cathcart v. RobinsonSupreme Court of the United States · 1831
  2. Field v. SchieffelinNew York Court of Chancery · 1823
  3. Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
  4. Miller v. LucoCalifornia Supreme Court · 1889
  5. Wilson v. MadisonCalifornia Supreme Court · 1880

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