Legal Opinion

Kerwer v. Allen

Supreme Court of Iowa

Decided June 19, 1871PublishedCited by 9 opinions

Appeal from Black Hawk Bist/rict Cou/rt. Action in equity for the setting aside of a tax title to the S. E. \ of S. E. £ of section 23, township 89, range 11, in Black Hawk county. Answer in denial. Trial by the court by the second method of trying equitable issues. Decree for plaintiff: defendant appeals. The necessary facts appear in the opinion.

1Opinion of the Court

Day, Ch. J.

— I. The plaintiff introduced as a witness, James W. McClure, who was deputy treasurer of the county of Black Hawk, at the time of the sale of lands for taxes in 1863, when the lands in controversy were sold.

After this witness had testified that he did not know of his personal knowledge of any combination among the bidders, and, after objection by defendant to evidence of the conduct of other parties, not shown to have been acting in concert with him, the plaintiff proved by this witness that the bidders at such sale formed themselves into a ring, and took their turns in bidding;…

2Cases cited1 opinion

  1. Eldridge v. KuehlSupreme Court of Iowa · 1869

3Cited by9 opinions

  1. Springer v. BartleSupreme Court of Iowa · 1877
  2. Lohr v. GeorgeWest Virginia Supreme Court · 1909
  3. Sibley v. BullisSupreme Court of Iowa · 1875
  4. Butler v. DelanoSupreme Court of Iowa · 1876
  5. Railway Co. v. MarpleWest Virginia Supreme Court · 1911

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