Legal Opinion

Hillyer v. Farneman

Supreme Court of Iowa

Decided December 5, 1884PublishedCited by 14 opinions

Appeals from, Audubon District Court. These cases are submitted together as involving the same question of law. The question presented is as to the validity of certain tax deeds. The plaintiff, Sarah J. Hillyer, holds under the tax deeds, and the first action is brought by her to quiet title against Isaac Farneman and Cornelius Con-over, as claiming to hold under the patent title. H. E. Long intervened as a purchaser from Conover.

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Appeals from, Audubon District Court. These cases are submitted together as involving the same question of law. The question presented is as to the validity of certain tax deeds. The plaintiff, Sarah J. Hillyer, holds under the tax deeds, and the first action is brought by her to quiet title against Isaac Farneman and Cornelius Con-over, as claiming to hold under the patent title. H. E. Long intervened as a purchaser from Conover. The second is brought by Charles Yan Gorder, administrator, to foreclose a mortgage executed upon the land by Sarah J. Hillyer. To that she was made defendant as…

1Opinion of the CourtAdams, J.

The tax deeds are assailed upon several grounds, but it will be necessary to consider but one, and that is the alleged insufficiency of the expiration notice. The notice was given by publication, and ran to Isaac Farneman and Cornelius Conover, who were at that time the owners of the land. It appears, however, that the land was taxed in the name of “Farnum & Conover.” Whether there was a person by the name of Farnum, to whom it was designed to tax the land, does not appear; but it seems not improbable that the name of Farnum was used by mistake for Farneman. This theory would be as favorable…

2Cited by14 opinions

  1. Bradley v. BrownSupreme Court of Iowa · 1888
  2. Cain v. EhrlerSouth Dakota Supreme Court · 1914
  3. Shelley v. SmithSupreme Court of Iowa · 1896
  4. Swan v. HarveySupreme Court of Iowa · 1902
  5. Cornoy v. WetmoreSupreme Court of Iowa · 1894

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