Hefner v. Northwestern Life Insurance
Supreme Court of the United States
This was an action at law, in the nature of ejectment, to recover possession of a tract of land, brought on July 5, 1SS3, in the Circuit Court of the United States for the Northern District of Iowa against Hefner and wife and Babcock and wife by the Northwestern Mutual Life Insurance Company, stating its title in substance as 'follows: On October 31,1870, it filed a bill on the equity side of that court against Bates, Callanan and others, to foreclose'a mortgage of the same…
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This was an action at law, in the nature of ejectment, to recover possession of a tract of land, brought on July 5, 1SS3, in the Circuit Court of the United States for the Northern District of Iowa against Hefner and wife and Babcock and wife by the Northwestern Mutual Life Insurance Company, stating its title in substance as 'follows: On October 31,1870, it filed a bill on the equity side of that court against Bates, Callanan and others, to foreclose'a mortgage of the same and other lands, executed to the plaintiff on August 23, 1870, by Bates, then the owner; containing the usual…
1Opinion of the CourtJustice Gray
The question presented by the' record is, whether the title now set up by the defendants under the deed executed by the county treasurer to Callanan in 1874, pursuant to a sale in 1871 for non-payment of taxes -assessed in 1870, is-barred by the decree- rendered for the plaintiff in 1877, upon a bill in equity to foreclose a mortgage dated August 33, 1870, to which bill Callanan had been made a party, and upon whicli he'had been defaulted.
By the statutes of Iowa, taxes upon real estate are assessed to the owner in September of each year. In real estate mortgaged, the mortgagor retains the…
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