Legal Opinion

Lovelace v. Berryhill

Supreme Court of Iowa

Decided April 25, 1873PublishedCited by 2 opinions

Appeals from Johnson District Court. Action in chancery to set aside and cancel a tax deed executed to defendant for lands, the title to which is claimed by plaintiff. There was a decree granting the relief prayed for in plaintiff’s petition. Defendant appeals. The facts of the case, so far as they are necessary to an understanding of' the points ruled, are found in the opinion.

1Opinion of the Court

Beck, Oh. J.

Plaintiff’s title to the land involved in the .action is based upon the foreclosure of two mortgages given to secure an indebtedness of the mortgagor to the State university. The mortgages were executed .August 5, 1861, and foreclosed by proper decree May 14, 1868, upon which the land was duly sold and a sheriff’s deed therefor executed to plaintiff July 18, 1868.

Defendant claims title under a tax deed executed November 15, 1871, upon a sale of the land for taxes due thereon for the years 1866 and 1867. The deed and all prior tax proceedings are regular. The sale was had November…

2Cases cited2 opinions

  1. Crum v. CottingSupreme Court of Iowa · 1867
  2. Helphrey v. RossSupreme Court of Iowa · 1865

3Cited by2 opinions

  1. Ayres v. Adair CountySupreme Court of Iowa · 1883
  2. Monona County Ex Rel. School Fund v. WaplesSupreme Court of Iowa · 1939

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