Legal Opinion

Scofield v. McDowell

Supreme Court of Iowa

Decided October 20, 1877PublishedCited by 4 opinions

Appeal from Washington District Court. This is an action to quiet the title and recover the possession of certain lands, which the plaintiffs claim under tax deeds executed November 6th, and recorded November 9th, 1872. The defendant by answer and cross-bill alleged that the fee simple title is in her, and that the title of plaintiffs is void, for the following reasons: 1. The defendant after the expiration of three years from the date of sale, but before the execution of…

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Appeal from Washington District Court. This is an action to quiet the title and recover the possession of certain lands, which the plaintiffs claim under tax deeds executed November 6th, and recorded November 9th, 1872. The defendant by answer and cross-bill alleged that the fee simple title is in her, and that the title of plaintiffs is void, for the following reasons: 1. The defendant after the expiration of three years from the date of sale, but before the execution of the deed, tendered the full amount necessary to redeem from the sale to the-county auditor, and to the holders of the…

1Opinion of the Court

Day, Oh. J.

1. tax sale Redemption: time of. I. That the right of redemption must be exercised within three years from the date of sale was determin- : ed by this court in Pearson v. Robinson, 44 Iowa, 413.

2 pleadings-demurrer. II. The plaintiffs claim title to the lands under two tax deeds executed November 6,1872, and duly recorded. Section ^84 ^ie I£evision provides that the deed, when substantially executed as required and recorded in the proper record, shall be conclusive evidence “that the property was advertised for sale in the manner, and for the length of time, required by law.” This…

2Cases cited3 opinions

  1. Allen v. ArmstrongSupreme Court of Iowa · 1864
  2. Pearson v. RobinsonSupreme Court of Iowa · 1876
  3. Madson v. SextonSupreme Court of Iowa · 1873

3Cited by4 opinions

  1. Iowa Mutual Tornado Insurance v. GilbertsonSupreme Court of Iowa · 1906
  2. Kruidenier Bros. v. ShieldsSupreme Court of Iowa · 1886
  3. Wallace v. TinneySupreme Court of Iowa · 1909
  4. Meredith v. PhelpsSupreme Court of Iowa · 1884

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