Cornoy v. Wetmore
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Applegate, Judge. . Action to foreclose a mortgage on certain lands in Dallas county, executed by defendant Wetmore to M. D. McFarland to'secure the payment of certain promissory notes, which notes and mortgage were assigned to plaintiffs before due.
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Appeal from Dallas District Court. — Hon. J. H. Applegate, Judge. . Action to foreclose a mortgage on certain lands in Dallas county, executed by defendant Wetmore to M. D. McFarland to'secure the payment of certain promissory notes, which notes and mortgage were assigned to plaintiffs before due. Defendant McCracken filed his answer and cross bill, alleging that he was the absolute owner of said lands, and in possession thereof under a treasurer’s deed to him from the treasurer of Dallas county, and asking to be quieted in his title. The plaintiffs, in reply, allége that said tax deed is…
1Opinion of the CourtGiven, J.
1
*1032 *102I. The finding and decree as to the twelve and one half, the seven, and the thirteen acre tracts is not questioned. As the descriptions of said tracts do not designate what part of either was sold, they are clearly insufficient. Roberts v. Deeds, 57 Iowa, 320, 10 N. W. Rep. 740; Smith v. Blackiston, 82 Iowa, 241, 47 N. W. Rep. 1075. Plaintiff’s claim is that the lands were taxed as one entire body, and, as parts of the descriptions are uncertain and insufficient, the tax deed is absolutely void. They do not complain that the land was sold in mass, but contend that the land was taxed as one…
2Cases cited12 opinions
- Steele v. MurrySupreme Court of Iowa · 1890
- Ellsworth v. Low, Adams & FrenchSupreme Court of Iowa · 1883
- Bradley v. BrownSupreme Court of Iowa · 1888
- Roberts v. DeedsSupreme Court of Iowa · 1881
- Hillyer v. FarnemanSupreme Court of Iowa · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Shelley v. SmithSupreme Court of Iowa · 1896
- Smith v. HuberSupreme Court of Iowa · 1938
- Swan v. HarveySupreme Court of Iowa · 1902
- Grimes v. EllysonSupreme Court of Iowa · 1905
11 more not listed; retrieve them via the Exa API.