Legal Opinion

Bowman v. Thompson

Supreme Court of Iowa

Decided June 9, 1873PublishedCited by 6 opinions

Appeal from Grundy Cvrevñt Court. This action is brought hy the plaintiff, who claims to be the owner of the north-west one-quarter of section 15, township 89, range 17, west, for the purpose of determining the question of title thereto, as against the defendant, who, also, claims title. It is based on Revision, section 3601, neither party being in the actual possession of the land.

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Appeal from Grundy Cvrevñt Court. This action is brought hy the plaintiff, who claims to be the owner of the north-west one-quarter of section 15, township 89, range 17, west, for the purpose of determining the question of title thereto, as against the defendant, who, also, claims title. It is based on Revision, section 3601, neither party being in the actual possession of the land. The cause was tried, by the second method, to the court, who found for the plaintiff and rendered judgment accordingly. The defendant appeals.

1Opinion of the CourtCole, J.

— Both parties claim under tax title, and no question is made as to the regularity of the proceedings, prior to the sale under which the parties respectively claim title. The plaintiff acquired his title by virtue of a sale for the delinquent taxes for 1861, 1862 and 1863, made October 5, 1864— the deeds therefor being executed and recorded October 26, 1868. The defendant acquired his title by virtue of a sale for the delinquent taxes for 1857, 1858, 1859 and 1860, made November 29, 1864 — the deeds therefor being executed and recorded December 2, 1867. Thus the question is presented, which…

2Cases cited1 opinion

  1. Preston v. Van GorderSupreme Court of Iowa · 1871

3Cited by6 opinions

  1. Emmons County v. BennettNorth Dakota Supreme Court · 1899
  2. Oakland Cemetery Ass'n v. County of RamseySupreme Court of Minnesota · 1906
  3. Hough v. EasleySupreme Court of Iowa · 1877
  4. Auditor General v. CliffordMichigan Supreme Court · 1906
  5. Kessey v. ConnellSupreme Court of Iowa · 1886

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