American Emigrant Co. v. Iowa Railroad Land Co.
Supreme Court of Iowa
Appeal from Carroll District Court. Under a claim that tlie title to the lands originally in controversy in this action passed to it under the swamp land grant, the county of Carroll, in 1863, conveyed in pursuance of a previous contract the said lands to the intervenor. In 1866 the county brought an action to set aside said contract and conveyance, and quiet the title in the county.
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Appeal from Carroll District Court. Under a claim that tlie title to the lands originally in controversy in this action passed to it under the swamp land grant, the county of Carroll, in 1863, conveyed in pursuance of a previous contract the said lands to the intervenor. In 1866 the county brought an action to set aside said contract and conveyance, and quiet the title in the county. In March, 1877, said action was determined, the petition of the county •dismissed and the title quieted. In tlie meantime, and in 1875, tljis action was commenced by the county against the defendants, in which it…
1Opinion of the CourtSeevers, J.
i. estoppel: county.11' I. The lands were conveyed by the county to the intervenor in 1863, and from that time they were taxable, unless the county had done something which estopped it from levying taxes thereon. The taxes in question were levied in 1866, and every year thereafter until 1876, inclusive, and were paid by the defendants before they became delinquent.
Because the county brought an action to set aside said conveyance on the ground it had been fraudulently obtained, which was pending at the time of the levy, it is insisted the lands were not taxable. By its act the county had…
2Cases cited9 opinions
- Homestead Company v. Valley RailroadSupreme Court of the United States · 1873
- County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
- Reed v. TylerIllinois Supreme Court · 1870
- Garrigan v. KnightSupreme Court of Iowa · 1877
- Redmond v. PackenhamIllinois Supreme Court · 1872
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3Cited by4 opinions
- Hollywood, Inc. v. ClarkSupreme Court of Florida · 1943
- Outer Harbor Dock & Wharf Co. v. City of Los AngelesCalifornia Court of Appeal · 1920
- Iowa Railroad Land Co. v. DavisSupreme Court of Iowa · 1897
- Govern v. RussSupreme Court of Iowa · 1904