Brownell v. Storm Lake Bank
Supreme Court of Iowa
Appeal from Buena Vista JDistriet Cottrf. This is an action in equity to cancel and set aside a tax deed to a quarter section of land, and to set aside a judgment of tbe district court of Buena Yista county, which quiets the title to said land in the defendant, the Storm Lake Bank.
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Appeal from Buena Vista JDistriet Cottrf. This is an action in equity to cancel and set aside a tax deed to a quarter section of land, and to set aside a judgment of tbe district court of Buena Yista county, which quiets the title to said land in the defendant, the Storm Lake Bank. Plaintiff alleges in his petition that he is the owner of the land in question, which is a quarter section situated in Buena Yista county, and that the same was sold on the 4th day of October, 1875, by the county treasurer, for an alleged delinquent district township judgment tax, which amounted to $2.21, Dean &…
1Opinion of the CourtReed, J.
There are two allegations in plaintiff’s petition, upon either one óf which, as against the Storm Lake Bank, he is entitled to relief against the tax title, unless the rights of the .parties are concluded by the judgment quieting the title in defendant.
■ These allegations are, (1) that the alleged tax for which •the land was sold was never levied by the board of supervisors or by its order, and (2) that the proof of the publication of the notice to redeem from the sale was not made by the affidavit of any person competent in law to make it. It is manifest, therefore, ■ that the question…
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