Legal Opinion

Taylor v. Ormsby Bros.

Supreme Court of Iowa

Decided April 24, 1885PublishedCited by 18 opinions

Appeal from Palo Alto District ■ Court. This is an action in equity, by wbicli the plaintiff seeks to cancel a tax deed for 40 acres of land.

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Appeal from Palo Alto District ■ Court. This is an action in equity, by wbicli the plaintiff seeks to cancel a tax deed for 40 acres of land. It is claimed in the petition that the land was sold and conveyed to defendants’ grantors for the delinquent taxes of 1871, and it is averred that the taxes for that year were paid, and that the land was not taxable for the year 1871, and that there was no assessment or levy of taxes on the land for that year, and that no service of notice of redemption was made upon the person in whose name it was taxed. It is prayed that the tax deed and the…

1Opinion of the Court

Rothrook, J".

i origun-ai, “cabypubUoacieüoy oT'nmdantfor.

*111“in action to ' quirí tax _ tutfonaiity o£ statute. *110I. The first question presented in argument pertains to the sufficiency of the affidavit for authority to ma^e service by publication in the action to title. ' Section 2618 of the Code provides that “ service may be made by publication when an affidavit jg f¡je(j that personai service cannot be made on the defendant within this state, in either of the following cases. * * * (6) In actions which relate to, or the subject of which is, real or personal property *111in this state, when any…

2Cases cited1 opinion

  1. Binford v. BoardmanSupreme Court of Iowa · 1876

3Cited by18 opinions

  1. Clapp v. GreenleeSupreme Court of Iowa · 1897
  2. Adams v. BurdickSupreme Court of Iowa · 1886
  3. Lynn v. MorseSupreme Court of Iowa · 1888
  4. McCorkell v. KarhoffSupreme Court of Iowa · 1894
  5. Nicodemus v. YoungSupreme Court of Iowa · 1894

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