Byington v. Bookwalter
Supreme Court of Iowa
Appeal from, the Johnson District Court. The plaintiff purchased the land in controversy on the 1st of June, 1855, at a sale of lands for delinquent taxes, assessed for the year 1854, in Johnson county, and took a deed. In December, 1855, a bill was filed by the petitioner against Josiali Bookwalter, as owner, to foreclose the equity of redemption.
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Appeal from, the Johnson District Court. The plaintiff purchased the land in controversy on the 1st of June, 1855, at a sale of lands for delinquent taxes, assessed for the year 1854, in Johnson county, and took a deed. In December, 1855, a bill was filed by the petitioner against Josiali Bookwalter, as owner, to foreclose the equity of redemption. In June, 1866, John M. Wheeler filed his motion to be made a party defendant, and for leave to defend, representing that he was owner of the land in question. At the succeeding October term, this motion was granted, and Wheeler filed an answer in…
1Opinion of the Court
"Woodward, J".
It appears that Bookwalter alone actually made defense, upon the trial, and that no evidence was introduced to show the title, or any interest, in the land, to be in "Wheeler.. One of the questions presented is, \yhether any person who pleased, and having no interest in the land, could redeem it; and whether Bookwalter, the owner, could avail himself of such redemption. By the sale, the purchaser acquires a valid and substantial interest in the land — he acquires the legal title, subject to redemption by the owner, or some one having an opposing interest. His position is, by the…
2Cited by16 opinions
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- Rice v. NelsonSupreme Court of Iowa · 1869
- Sinclair v. LearnedMichigan Supreme Court · 1883
- Headley v. HeadleySupreme Court of Iowa · 1969
- Swan v. HarveySupreme Court of Iowa · 1902
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