Hintrager v. Kiene
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. AotioN to quiet title to lot 245 in tbe city of Dubuque. The plaintiff claims under a tax deed executed to him by the treasurer of the city of Dubuque, in pursuance of a tax sale purporting to be made upon a special tax for laying a plank sidewalk in front of the lot. The defendant, Kiene, claims to be the owner in fee simple of the- south half of the lot, and the defendant, Zumlioff, of the north half.
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Appeal from Dubuque Circuit Court. AotioN to quiet title to lot 245 in tbe city of Dubuque. The plaintiff claims under a tax deed executed to him by the treasurer of the city of Dubuque, in pursuance of a tax sale purporting to be made upon a special tax for laying a plank sidewalk in front of the lot. The defendant, Kiene, claims to be the owner in fee simple of the- south half of the lot, and the defendant, Zumlioff, of the north half. They both deny the validity of the tax sale, and deny that there was ever any levy of the alleged special tax; and they ask that their respective titles be…
1Opinion of the CourtAdams, J.
The plaintiff introduced in evidence a tax deed, which purported to be executed in pursuance of a tax sale, 1. tax deed.: action to quiet title under: presumption that tax was duly levied: evidence to rebut. made for a special tax levied in 1868. The deed thus introduced became by statute prima facie evidence that the levy was made as therein recited. So far there is no controversy. After the introduction'of the tax deed by the plaintiff, the defendants introduced evidence for the purpose of showing that *607no levy was in fact made. The controversy arises upon the question as to whether the…
2Cases cited5 opinions
- Brandirff v. Harrison CountySupreme Court of Iowa · 1878
- Early v. WhittinghamSupreme Court of Iowa · 1876
- Poindexter v. DoolittleSupreme Court of Iowa · 1880
- Easton v. SaverySupreme Court of Iowa · 1876
- Genther v. FullerSupreme Court of Iowa · 1873
3Cited by15 opinions
- Petersborough Savings Bank v. Des Moines Savings BankSupreme Court of Iowa · 1900
- Busch v. HallSupreme Court of Iowa · 1903
- Bennett v. Finkbine Lumber Co.Supreme Court of Iowa · 1924
- State v. Crookston Lumber Co.Supreme Court of Minnesota · 1902
- Glos v. RandolphIllinois Supreme Court · 1891
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