County of Guthrie v. County of Carroll
Supreme Court of Iowa
Appeal from Carroll Distriot Court. Action in equity to enjoin the sale for taxes of certain lands belonging to the plaintiff and situated in Carroll county, and to set aside previous sales thereof for taxes. The county of Carroll, its treasurer, and the purchasers at the previous sale, are made parties defendants.
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Appeal from Carroll Distriot Court. Action in equity to enjoin the sale for taxes of certain lands belonging to the plaintiff and situated in Carroll county, and to set aside previous sales thereof for taxes. The county of Carroll, its treasurer, and the purchasers at the previous sale, are made parties defendants. The court sustained a demurrer to the petition, filed by the defendants, on the ground that it did not state facts sufficient to constitute a cause of action, and stated facts which avoid the cause of action. The further facts are set forth in the opinion.
1Opinion of the CourtCole, J.
The plaintiff, in the petition, states that since the 29th day of September, 1865, the said county of Guthrie has been and still is the owner of the following described lands, situated in Carroll county, Iowa, to wit: The northwest quarter and the south-east quarter of section thirty-three, and the north-east quarter of section thirty-five, in township eighty-three, north of range thirty-six, west of the fifth principal meridian, containing four hundred and eighty acres. That said lands were granted by the United States to the State of Iowa, as indemnity for swamp and overflowed lands in the…
2Cited by1 opinion
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