Long v. Smith
Supreme Court of Iowa
Appeal from Guthrie District Court. The plaintiff in his petition claims to be the absolute owner of a certain eighty acre tract of land. lie avers that the defendant makes some claim to the same, and prays that his title be quieted as against the defendant. The defendant by his answer claims title to the land by virtue of a tax sale and deed.
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Appeal from Guthrie District Court. The plaintiff in his petition claims to be the absolute owner of a certain eighty acre tract of land. lie avers that the defendant makes some claim to the same, and prays that his title be quieted as against the defendant. The defendant by his answer claims title to the land by virtue of a tax sale and deed. The plaintiff in his reply alleges that the tax deed is invalid because the proper notice of the expiration of the time for redemption was not given as required by statute, and he offers to pay “whatever amount of taxes paid by defendant, which the…
1Opinion of the CourtRothkock, J.
I. The appellee presents amotion to dismiss the appeal upon the alleged ground that at the time the appeal was taken the defendant, Scott E. Smith, liad no interest in the subject of the action, he having by his quit-claim deed released all the interest he had in the land to E. W. Smith. The motion is supported by affidavits to the effect that such a deed is on record in the recorder’s office, and that it purports to have been signed and acknowledged by Scott E. Smith and Hester A. Smith, his wife, before this action was commenced. The defendant, Scott E. Smith, died after the appeal was…
2Cases cited1 opinion
- Harber v. Sexton & SonSupreme Court of Iowa · 1885
3Cited by5 opinions
- Crawford County Trust & Savings Bank v. Crawford CountyCourt of Appeals for the Eighth Circuit · 1933
- Callanan v. LewisSupreme Court of Iowa · 1890
- Hampton v. McKeehanSupreme Court of Iowa · 1919
- White v. SmithSupreme Court of Iowa · 1886
- Ogden City v. HamerUtah Supreme Court · 1895