Davidson v. Follett
Supreme Court of Iowa
Appeal from Clinton District Court. This controversy involves the title to 210 acres of laud. It is admitted that plaintiff owned the land before and at the time defendant obtained the tax title upon which he relies. The taxes thereon were delinquent for the year 1863; and in October (3), 1864, said lands were sold therefor and purchased by defendant. In October, 1867, he obtained his deed.
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Appeal from Clinton District Court. This controversy involves the title to 210 acres of laud. It is admitted that plaintiff owned the land before and at the time defendant obtained the tax title upon which he relies. The taxes thereon were delinquent for the year 1863; and in October (3), 1864, said lands were sold therefor and purchased by defendant. In October, 1867, he obtained his deed. The petition claims that soon after The purchase (October 21,1864) certain negotiations were entered into which resulted in the settlement of certain mortgage liens and other incumbrances on said lands,…
1Opinion of the CourtWright, J.
l. estoppel: m-BPtóSdisciose liens' The petition is not for the specific performance of a contract to convey an interest in land, The statute of frauds has therefore nothing to do with the case. In substance, the claim is, that defendant is in equity estopped from setting up or relying upon his tax deed, and that it should therefore be set aside, being, as it stands, a cloud upon plaintiff’s title. The express charge is, that, notwithstanding the negotiations and settlement, the defendant fraudulently retained the certificate (of purchase at the tax sale) and procured a deed, which, being of…
2Cases cited1 opinion
- Barber v. LyonSupreme Court of Iowa · 1863