Legal Opinion

Everett v. Beebe

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 28 opinions

Appeal from Oass District Court. Wednesday, October 29. This is a suit in equity to set aside a tax sale and deed, made by the treasurer of Cass county to the defendant for the south half of the south-east quarter, and the north-west quarter of the south-east quarter of section three, township 75, range 34. The tax sale was made January 4, 1864, for the delinquent taxes of 1861 and 1862; and the tax deed was executed March 23, 1867. This action was brought December 14, 1868.…

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Appeal from Oass District Court. Wednesday, October 29. This is a suit in equity to set aside a tax sale and deed, made by the treasurer of Cass county to the defendant for the south half of the south-east quarter, and the north-west quarter of the south-east quarter of section three, township 75, range 34. The tax sale was made January 4, 1864, for the delinquent taxes of 1861 and 1862; and the tax deed was executed March 23, 1867. This action was brought December 14, 1868. The district court rendered judgment for the plaintiff. The defendant appeals. The further facts are sufficiently…

1Opinion of the CourtCole, J.

1. Tax sale. I. The plaintiff proved title to the land in controversy, in himself, by patent from the government to him therefor. He also proved that at the sale to defendant for taxes he was not personally present, bnt had sent his money to the treasurer of the county with directions to bid off for him to the amount of the money sent, and for which services of the treasurer he was to pay a reasonable commission; and that under stich arrangement the treasurer bid off or struck off to the defendant the land in controversy. Section 775 (Rev. 1860) provides that “ if any county treasurer or…

2Cases cited1 opinion

  1. Corbin v. BeebeeSupreme Court of Iowa · 1873

3Cited by28 opinions

  1. Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
  2. McCormick v. EdwardsTexas Supreme Court · 1887
  3. O'Neil v. TylerNorth Dakota Supreme Court · 1892
  4. Light v. WestSupreme Court of Iowa · 1875
  5. Early v. WhittinghamSupreme Court of Iowa · 1876

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