Legal Opinion

Brown v. Poole

Supreme Court of Iowa

Decided May 21, 1892Published

Appeal from O’Brien District Gowrt. — Hon. Scott M. Ladd, Judge. This is an action to recover certain taxes paid upon eighty acres of land in O’Brien county, and for a decree establishing the same as a lien upon said land. There was a full hearing upon the merits of the case, and a judgment was entered against the defendant for one hundred dollars, which was established as a lien upon the land.

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Appeal from O’Brien District Gowrt. — Hon. Scott M. Ladd, Judge. This is an action to recover certain taxes paid upon eighty acres of land in O’Brien county, and for a decree establishing the same as a lien upon said land. There was a full hearing upon the merits of the case, and a judgment was entered against the defendant for one hundred dollars, which was established as a lien upon the land. The plaintiff claims that the judgment and lien should have been for a much larger amount, and he appeals.

1Opinion of the CourtRothrock, J.

The rights of the parties depend upon undisputed facts. So far as they are material, they are as follows: The land upon which the taxes were paid was entered at the United States land office •at Sioux City, Iowa, by Robert S. Wharton on the *413first day of June, 1857, and a patent was afterwards issued to fiim. ' On tfie twenty-eigfit day of September,. 1885, Wharton conveyed tfie land to Horace Poole,, tfie defendant, by a special warranty deed. Tfie land was assessed for taxation for tfie years 1858 and 1859, and was sold by tfie treasurer of O’Brien county on tfie twenty-second day of…

2Cases cited5 opinions

  1. Fogg v. HolcombSupreme Court of Iowa · 1884
  2. Seymour v. SheaSupreme Court of Iowa · 1883
  3. Rice v. BatesSupreme Court of Iowa · 1886
  4. Smith v. BlackistonSupreme Court of Iowa · 1891
  5. Bowen v. DuffieSupreme Court of Iowa · 1885

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