Hurley v. Street
Supreme Court of Iowa
Appeal from Pottawottamie District Oourt. Wednesday, August 31. Action for the recovery of real property, to wit: Lot 172 in the original plat of the city of Council Blufis. The petition is in the usual form; plaintiff avers that he is the absolute owner and entitled to the present possession of the lot.
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Appeal from Pottawottamie District Oourt. Wednesday, August 31. Action for the recovery of real property, to wit: Lot 172 in the original plat of the city of Council Blufis. The petition is in the usual form; plaintiff avers that he is the absolute owner and entitled to the present possession of the lot. The defendant, for answer, denies the averments of the petition seriatim, and, for sixth count of his answer, avers that he is the owner of the lot, and derives his title by purchase thereof at a tax sale, March 21, 1862, for taxes of 1857, 1858 and 1859, by one Palmer, who assigned the…
1Opinion of the Court
Cole, Ch. J.
sale : limitation. I. We have heretofore decided that the five years limitation of the statute (Rev. § 790), does not begin to run until the execution and recording of the tax deed. Eldridge v. Kuehl, 27 Iowa, 160. And hence the ninth count of the answer did not set up facts constituting a bar to the action under the statute, and the demurrer thereto should have been sustained. But the plaintiff did not stand upon his demurrer, and suffer judgment against him. The cause was fully tried upon its merits, without reference to the statute of limitation, and no prejudice whatever has…
2Cases cited2 opinions
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Boardman v. BourneSupreme Court of Iowa · 1865
3Cited by6 opinions
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Ordway v. CowlesSupreme Court of Kansas · 1891
- Schlosser v. CruickshankSupreme Court of Iowa · 1895
- Coulthard v. McIntoshSupreme Court of Iowa · 1909
- Johnson v. ChaseSupreme Court of Iowa · 1870
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