Legal Opinion

Byington v. Allen

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 2 opinions

Appeal from Johnson District Court. PROCEEDING to foreclose a tax title. The questions made relate to the admission and rejection of certain testimony, as will appear from the opinion.

1Opinion of the CourtWright, J.

Defendant in his answer claims that ho redeemed the lands in controversy, by paying the proper-amount to the treasurer of the county, as required by section 605 of the Code. To prove this, he introduced a certificate to which the name of the treasurer was attached by a cleric in his office. It is objected that such certificate was inadmissible, unless accompanied by proof of the authority of the clerk to thus sign, or somo ratification of his act.. It appears from the record that the person signing the treasur*4er’s name was a clerk in his office, and prima facie this was sufficient to…

2Cited by2 opinions

  1. Middleton Savings Bank v. City of DubuqueSupreme Court of Iowa · 1865
  2. Byington v. WoodSupreme Court of Iowa · 1861

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