Legal Opinion

Ayres v. Adair County

Supreme Court of Iowa

Decided October 18, 1883PublishedCited by 4 opinions

Appeal from Adair Circuit Court. Action to redeem certain real estate. The plaintiff holds a tax deed to the same. He seeks to redeem from a school-fund claim. The land belonged to the county of Adair as school-fund land. The county contracted to sell it to one ITornback, retaining the legal title as security for an unpaid balance of purchase-money.

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Appeal from Adair Circuit Court. Action to redeem certain real estate. The plaintiff holds a tax deed to the same. He seeks to redeem from a school-fund claim. The land belonged to the county of Adair as school-fund land. The county contracted to sell it to one ITornback, retaining the legal title as security for an unpaid balance of purchase-money. Default having been made in the payment, the county foreclosed the contract, purchased the land at foreclosure sale, acquired a sheriff’s deed, and afterward sold and conveyed the same to the defendant, Robert Ferguson. Prior to the commencement…

1Opinion of the CourtAdams, J.

1. TtEDEMPsohooi fmicl pur2Iaserat tax-saie. — The county, having made a contract of sale to Hornback, and retaining the legal title as security, stood virtually in the relation of mortgagee, while Horn- . ° ° ° back, the purchaser and equitable owner, stood virtually in the relation of mortgagor. The taxes were a lien upon Hornback’s interest, and paramount to every other interest or claim except that due the schoolfund. Code, §865; Jasper County v. Rodgers, 17 Iowa, 254; Lovelace v. Berryhill, 36 Iowa, 379. After the sale to the plaintiff for the taxes, the lien theretofore existing in…

2Cases cited5 opinions

  1. Crum v. CottingSupreme Court of Iowa · 1867
  2. Wright v. HowellSupreme Court of Iowa · 1872
  3. Diddy v. RisserSupreme Court of Iowa · 1881
  4. Jasper County ex rel. School Fund v. RogersSupreme Court of Iowa · 1864
  5. Lovelace v. BerryhillSupreme Court of Iowa · 1873

3Cited by4 opinions

  1. Citizens' State Bank v. JessSupreme Court of Iowa · 1905
  2. Kellogg v. Illinois Central RailroadSupreme Court of Iowa · 1927
  3. Long v. MelletSupreme Court of Iowa · 1895
  4. Monona County Ex Rel. School Fund v. WaplesSupreme Court of Iowa · 1939

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