Govern v. Russ
Supreme Court of Iowa
Appeal from Kossuth District Court.— Hon. W. B. Quarton, Judge. Suit at law to recover taxes paid on land. The defendant, L. D. Buss, was the actual 'owner of the land upon which the taxes were paid, though he had conveyed the same to Lewis Buss, trustee, as security for a debt to said trustee.
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Appeal from Kossuth District Court.— Hon. W. B. Quarton, Judge. Suit at law to recover taxes paid on land. The defendant, L. D. Buss, was the actual 'owner of the land upon which the taxes were paid, though he had conveyed the same to Lewis Buss, trustee, as security for a debt to said trustee. C. L. Lund forged deeds which -purported to convey the land from Buss, trustee, .and through such forged conveyances the plaintiff acquired the record title to the land, and went into possession thereof. Upon discovery of the forgeries, suit was brought by Lewis Buss, trustee, to quiet title and to…
1Opinion of the CourtSherwin, J.
1. Taxes: payment by mistake; recovery; action at law. This case cannot be distinguished from Goodnow v. Moulton, 51 Iowa, 555, and cases following it, among which are American Emigrant Co. v. Iowa Railroad Land Co., 52 Iowa, 323; Goodnow v. Litchfield, 63 Iowa, 275, and Bradley v. Cole, 67 Iowa, 650, unless the distinguishing feature be predicated upon the fact that this is a law action. The plaintiff bought and occupied the land in good faith, and in good faith, and relying upon what appeared from the records to be a perfect, title in him, paid the taxes which *190were properly and justly…
2Cases cited5 opinions
- Goodnow v. MoultonSupreme Court of Iowa · 1879
- Goodnow v. LitchfieldSupreme Court of Iowa · 1884
- Bradley v. ColeSupreme Court of Iowa · 1885
- Iowa Railroad Land Co. v. DavisSupreme Court of Iowa · 1897
- American Emigrant Co. v. Iowa Railroad Land Co.Supreme Court of Iowa · 1879
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