Austin v. Barrett
Supreme Court of Iowa
Appeal from MahasJca District Court. The plaintiffs claim to be tbe owners of tbe undivided onelialf of 40 acres of land.
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Appeal from MahasJca District Court. The plaintiffs claim to be tbe owners of tbe undivided onelialf of 40 acres of land. It is alleged that Jesse Austin, who died intestate in 1862, was at his death the owner in fee simple of said premises, and that one John Wilson was at that time in possession of the land, and so continued until 1867; that in 1863 Lewis S. Austin, one of the heirs of Jesse Austin, conveyed his interest, being an undivided one-tenth, to said "Wilson; that while Wilson was in possession of said premises, and after the said conveyance to him of the said tenth part, and in…
1Opinion of the CourtRoti-ibock, J.
i tax deedftoitatiou: • fraud. I. It is well settled that one tenant in common cannot purchase an outstanding incumbrance, and after it matures into a title set it up against his co-tenant. This principle has become elementary and ig B0f. necessary to cite authorities to sustain it. It is claimed by counsel for appellant, however, that this action will not lie because it was not commenced within five years after the recording of the tax deed. The ready answer to this is, that no attack is- made upon the validity of the tax sale. 7
This action stands upon ground independent of the validity of…
2Cases cited5 opinions
- Hurst v. SelvidgeTennessee Supreme Court · 1847
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Fair v. BrownSupreme Court of Iowa · 1875
- Sears v. SellewSupreme Court of Iowa · 1870
- Doane v. BadgerMassachusetts Supreme Judicial Court · 1815
3Cited by24 opinions
- Hanrick v. GurleyTexas Supreme Court · 1900
- Burns v. ByrneSupreme Court of Iowa · 1876
- Crawford v. MeisSupreme Court of Iowa · 1904
- Dodge v. DavisSupreme Court of Iowa · 1892
- Todd v. StewartSupreme Court of Iowa · 1925
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