Legal Opinion

Hall v. Guthridge

Supreme Court of Iowa

Decided December 4, 1879PublishedCited by 9 opinions

Appeal from Union District Court. This is an action to redeem certain real estate from a sale for taxes. The property was sold by the treasurer of the county to the defendant «for the delinquent taxes for the year 1872. The sale was had on the 6th day of October, 1S73. The plaintiffs purchased said property of one Russell, and having paid the contract price they sold the same to Wm. F. Alger, and authorized him to receive a conveyance from Russell.

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Appeal from Union District Court. This is an action to redeem certain real estate from a sale for taxes. The property was sold by the treasurer of the county to the defendant «for the delinquent taxes for the year 1872. The sale was had on the 6th day of October, 1S73. The plaintiffs purchased said property of one Russell, and having paid the contract price they sold the same to Wm. F. Alger, and authorized him to receive a conveyance from Russell. Russell conveyed to Alger in February, 1876. Alger executed a mortgage to the plaintiffs to secure the purchase money, which has not been paid.…

1Opinion of the CourtRothrock, J.

— I. It is conceded by appellants that as between them and Alger they were bound to pay the taxes for which the property was sold; and that after the sale there were *409negotiations between the plaintiffs and the defendant with reference to a redemption of the property. It is claimed by the plaintiffs that they were induced by the fraud and deception of the defendant not to apply at the auditors office, to effect a redemption, until after the time for redemption had expired. The evidence does not sustain this proposition. The plaintiffs were the parties primarily liable for the payment of the…

2Cited by9 opinions

  1. Foster v. MarshallSupreme Court of Oklahoma · 1930
  2. Patterson v. MaySupreme Court of Iowa · 1947
  3. Thomsen v. DickeyNebraska Supreme Court · 1894
  4. Galleger v. DuhiggSupreme Court of Iowa · 1934
  5. Heaton v. KnightSupreme Court of Iowa · 1883

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