Helphrey v. Ross
Supreme Court of Iowa
Appeal from Story District Court. On the 10th day of September, 1862, in the District Court of Story county, a mortgage was foreclosed in favor of the school fund of said county against Andrew and Sarah Bates, upon the N. W. of N. W. sec. 27, T. 33, R. 22, W. 5th P. M., Iowa. On the 10th day of January, 1863, said land under the foreclosure aforesaid, was sold' at sheriff’s sale, to the State of Iowa, for the use of the school fund aforesaid.
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Appeal from Story District Court. On the 10th day of September, 1862, in the District Court of Story county, a mortgage was foreclosed in favor of the school fund of said county against Andrew and Sarah Bates, upon the N. W. of N. W. sec. 27, T. 33, R. 22, W. 5th P. M., Iowa. On the 10th day of January, 1863, said land under the foreclosure aforesaid, was sold' at sheriff’s sale, to the State of Iowa, for the use of the school fund aforesaid. Afterwards, on the 26th of September, 1864, said land was sold by the State to the plaintiff in this suit, for the sum of $296.89, to whom a conveyance…
1Opinion of the CourtLowe, J.
i. taxes: Eythea!tate The faith of the State is pledged to preserve the school fund intact from loss in any quarter or from any cause; hence, among other preventive means, an act was passed and approved April 2d, 1860, to ■ protect real estate on which the school or university funds-have lien from sale for taxes. The second section of said act (being § 811 of the Revision) provides: “ That in all cases where real estate is mortgaged or otherwise incumbered to the school or university fund of this State, the interest of the person who holds the fee title shall alone be sold for taxes, and in…
2Cited by4 opinions
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