Bitzer v. Becke
Supreme Court of Iowa
Appeal from, Muscatine District Court. — Hon. W. F. BbaNNáN AND Hon. P. B. Wolee, Judges. Suit in equity to enjoin the execution of a treasurer’s deed, pursuant to a tax sale of plaintiff’s homestead for a sum, including taxes on personal property. A temporary writ of injunction was issued without notice. At the hearing, a demurrer to the petition was sustained, but the court fixed a time within which plaintiff might redeem, and continued the temporary writ.
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Appeal from, Muscatine District Court. — Hon. W. F. BbaNNáN AND Hon. P. B. Wolee, Judges. Suit in equity to enjoin the execution of a treasurer’s deed, pursuant to a tax sale of plaintiff’s homestead for a sum, including taxes on personal property. A temporary writ of injunction was issued without notice. At the hearing, a demurrer to the petition was sustained, but the court fixed a time within which plaintiff might redeem, and continued the temporary writ. Subsequently, by supplemental petition, plaintiff alleged the making of tender, before the expiration of the statutory time of…
1Opinion of the CourtDeemer, J.
As plaintiff’s homestead was not separately listed as provided in section 876 of the Code of 1873, *68which was in force when the tax sale was made, the sale i. sale of homestead for taxes. thereof for all taxes assessed against the ,, , , owner, as well those on personal property as those upon the homestead itself, was valid.. Salter v. City of Burlington, 42 Iowa, 531. The demurrer interposed against the original petition and the first division of the supplemental petition were, therefore, properly sustained.
Did the court err in granting plaintiff additional time to redeem? This is the pivotal…
2Cases cited13 opinions
- Corning Town Co. v. DavisSupreme Court of Iowa · 1876
- Taylor v. Ormsby Bros.Supreme Court of Iowa · 1885
- Lynn v. MorseSupreme Court of Iowa · 1888
- Pearson v. RobinsonSupreme Court of Iowa · 1876
- Crawford v. LiddleSupreme Court of Iowa · 1897
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3Cited by4 opinions
- Dolan v. Midland Blast Furnace Co.Supreme Court of Iowa · 1904
- Fountain v. State Ex Rel. McCaskill Investment Co.Supreme Court of Florida · 1927
- Wunschel v. SimonsenSupreme Court of Iowa · 1959
- Guldner v. GuldnerSupreme Court of Iowa · 1925