Alexander v. Sully
Supreme Court of Iowa
Appeal from Union .Circuit Court. Action to quiet title to real estate. Hugh and Thomas Alexander were at one time the owners of the real estate in controversy. The plaintiff is the widow of Hugh Alexander, who died in 1857. A dower interest in the real estate accrued to her on the death of her husband. The county treasurer, in pursuance of a tax sale, conveyed the premises to Albert Evans, and he to the plaintiff.
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Appeal from Union .Circuit Court. Action to quiet title to real estate. Hugh and Thomas Alexander were at one time the owners of the real estate in controversy. The plaintiff is the widow of Hugh Alexander, who died in 1857. A dower interest in the real estate accrued to her on the death of her husband. The county treasurer, in pursuance of a tax sale, conveyed the premises to Albert Evans, and he to the plaintiff. The defendant claims title to the undivided one-half of the lands, through conveyance from Thomas Alexander. The circuit court found for the plaintiff, and rendered a decree…
1Opinion of the CourtSeevers, J.
1. tax sale: tenant in common. No objection is made to the validity of the tax deed under wbicb the plaintiff claims; but it is urged at the time she obtained title thereunder she was , , . . . . „ ,, a tenant m common or joint owner of the premises with the defendant, or those under whom he claims, and that her purchase of the superior title enured to the benefit of the defendant upon his paying his pro rata share of what it cost.
It does not appear when the tax sale took place, but Evans obtained title in July, 1871, and in September, 1873, he conveyed to the plaintiff. Thomas Alexander…
2Cases cited5 opinions
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
- Page v. WebsterMichigan Supreme Court · 1860
- Weare v. Van MeterSupreme Court of Iowa · 1875
- Fallon v. ChidesterSupreme Court of Iowa · 1877
- Coleman v. ColemanCourt of Appeals of Kentucky · 1835
3Cited by12 opinions
- Wooley v. Shell Petroleum Corp.New Mexico Supreme Court · 1935
- Crawford v. MeisSupreme Court of Iowa · 1904
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
- Smith v. BorradaileNew Mexico Supreme Court · 1923
- Cowdry v. CuthbertSupreme Court of Iowa · 1886
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