Welch v. Battern
Supreme Court of Iowa
Appeal from Hamilton District Court. . Action by tenants in common to establish their interest in certain lands against defendants, who claim title thereto under a sale upon an execution, and also under a tax sale. The execution sale, it is alleged, is void, and plaintiffs claim the right to redeem from the tax sale.
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Appeal from Hamilton District Court. . Action by tenants in common to establish their interest in certain lands against defendants, who claim title thereto under a sale upon an execution, and also under a tax sale. The execution sale, it is alleged, is void, and plaintiffs claim the right to redeem from the tax sale. One of the' defendants, it is admitted, holds an interest in the land under a conveyance from one George H. Welch, a co-heir of plaintiffs, inheriting, with them, the land from Peter Welch, deceased. The court in its decree granted the relief prayed for by plaintiffs, upon the…
1Opinion of the CourtBeck, J.
Peter Welch died seized of the lands involved in this suit, on the 4th day of May, 1862, The plaintiff, Amy L. Welch, is his widow, and the other plaintiffs his children by plaintiff, Amy L.; the defendants, George H. Welch and Mary Post', are children of deceased by a former marriage. On the *1483d day of March, 1860, the lands in controversy were attached in an action at the suit of Jacob M. Funk against Peter Welch; service of process upon the defendant therein was made by publication, and on the first day of May, 1860, judgment was rendered against the defendant, and a special execution…
2Cases cited2 opinions
- Erwin's Lessee v. DundasSupreme Court of the United States · 1845
- Stymets v. BrookNew York Supreme Court · 1833
3Cited by4 opinions
- Boyle v. MaroneySupreme Court of Iowa · 1887
- Bull v. GilbertSupreme Court of Iowa · 1890
- Toole v. StateSupreme Court of Alabama · 1889
- Powell v. GrewingSupreme Court of Iowa · 1997