Dobbert v. Kruse
Supreme Court of Iowa
Appeal from Plymouth District Court. — W. D. Boies, Judge. Action by the plaintiff, as a vendee of real estate, to recover from the defendant, as vendor thereof, the amount of taxes paid by the vendee which became a lien upon the real estate after the execution of the contract of sale, but before the execution of the conveyance and before the delivery of possession. There was a judgment for plaintiff, and the defendant has appealed.
1Opinion of the CourtEvans, J.
On June 1, 1912, the parties hereto entered into a written contract for the purchase and sale of certain real estate at an agreed price of $95,205. This contract was to be performed on March 1st, following, until which time the defendant, as vendor, retained the possession. Under the statute, the taxes for the year 1912 became a lien upon the property on the last day of the year. The plaintiff, as vendee, was later compelled to pay the same, in order to protect his title.
Under the terms of the contract, the plaintiff paid $4,000 at the time of the execution thereof.- He was to pay the further…
2Cases cited4 opinions
- Clinton v. ShugartSupreme Court of Iowa · 1904
- Iowa Railroad Land Co. v. Estate of BoyleSupreme Court of Iowa · 1912
- Mohr v. JoslinSupreme Court of Iowa · 1913
- Scott v. WilsonSupreme Court of Iowa · 1912
3Cited by1 opinion
- Moore v. Central National Bank & Trust Co.Supreme Court of Iowa · 1930