Rima v. Cowan
Supreme Court of Iowa
Appeal from Howard District Court. Appellant filed his petition in equity, stating his cause of action as follows: “ 1. That he was the legal owner of the N. -| of the N. V. ¿ of section 34, T. 100, N. of R. 11, 'W. of the 5th P. M. “2. That the same was assessed for the year 1862 in separate forties and the tax extended separately thereon.
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Appeal from Howard District Court. Appellant filed his petition in equity, stating his cause of action as follows: “ 1. That he was the legal owner of the N. -| of the N. V. ¿ of section 34, T. 100, N. of R. 11, 'W. of the 5th P. M. “2. That the same was assessed for the year 1862 in separate forties and the tax extended separately thereon. “ 3. That October 5, 1863, a tax sale thereof was made by the treasurer of Howard county, in bulb, to wit: As the N. £ of the N. W. -J of section 34, T. 100, R. 11, that the same was not sold in separate parcels as assessed, that said sale was made to the…
1Opinion of the CourtMiller, J.
—- The theory upon which the demurrer was sustained was, that the copies of deeds annexed by the plaintiff to his petition, on their face show a separate sale of each forty acres of the land in question; that the deeds being made part of the petition, and contradicting the averment that the land was sold in bulk, were conclusive that the two tracts were separately sold.
The petition avers that the land was assessed in separate parcels; that it-was, however, sold in bulk, and for that reason the sale is void.
It is further averred that, notwithstanding the two tracts assessed separately were…
2Cases cited4 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Penn v. ClemansSupreme Court of Iowa · 1865
- Boardman v. BourneSupreme Court of Iowa · 1865
- Gaylord v. ScarffSupreme Court of Iowa · 1858
3Cited by10 opinions
- Martin v. ColeSupreme Court of Iowa · 1874
- Bulkley v. CallananSupreme Court of Iowa · 1871
- Leavitt v. WatsonSupreme Court of Iowa · 1873
- Phelps v. MeadeSupreme Court of Iowa · 1875
- In re DouglasSupreme Court of Louisiana · 1889
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