Legal Opinion

Immegart v. Gorgas

Supreme Court of Iowa

Decided October 25, 1875PublishedCited by 5 opinions

Appeal from Lee District Court. Action in equity to quiet plaintiff’s title to certain real estate in Lee County, Iowa, which, plaintiff claims under a tax sale and deed for the delinquent taxes of 1869, the said deed describing the land conveyed as the southeast corner of the northeast quarter of section 21, in township 65, north, range 5 west, being six acres.

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Appeal from Lee District Court. Action in equity to quiet plaintiff’s title to certain real estate in Lee County, Iowa, which, plaintiff claims under a tax sale and deed for the delinquent taxes of 1869, the said deed describing the land conveyed as the southeast corner of the northeast quarter of section 21, in township 65, north, range 5 west, being six acres. The plaintiff, in a supplemental petition, alleges that on the 20th day of August, 1874, the treasurer of Lee county executed and delivered to plaintiff a deed for the unpaid taxes of the year 1869, to certain real estate described as…

1Opinion of the Court

Day, J. —

i tax sake: ]nenT:Sccmstitutionai law. I. It is claimed by appellant that the defendants cannot be permitted to question the title acquired by the treasurer’s deed, because they have not shown that they, or the. person under whom they claim title, ]iaVe paj¿ ap ¿he taxes due upon the property in controversy. Eevision, section 784.' Without' undertaking to place a definitive construction upon this section, we are of opinion that it does not apply to, and does not inhibit the defense, or at least one of the defenses here insisted -upon, to-wit: that the property described in the "tax…

2Cases cited1 opinion

  1. McCready v. Sexton & SonSupreme Court of Iowa · 1870

3Cited by5 opinions

  1. Roberts v. First National BankNorth Dakota Supreme Court · 1899
  2. Roberts v. DeedsSupreme Court of Iowa · 1881
  3. Judd v. AndersonSupreme Court of Iowa · 1879
  4. Armour v. OfficerSupreme Court of Iowa · 1902
  5. Webster v. CarhartSouth Dakota Supreme Court · 1936

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