Currington Ex Rel. Sanford v. Black Hawk County

LeGRAND, Justice.

Plaintiff, six years of age, sued for personal injuries sustained while he was playing on property to which Black Hawk County held a tax sale certificate but for which a treasurer’s tax deed had not yet issued. Defendant county filed a motion to dismiss the petition, relying upon the doctrine a tax sale purchase acquires no title in or right to the property until a deed is executed, delivered, and recorded pursuant to section 448.1 and 448.3, The Code. Defendant’s motion was sustained and plaintiff appeals.

Plaintiff’s cause of action is based upon the doctrine of attractive…