Morris v. County of Sioux
Supreme Court of Iowa
Appeal from Sioux Circuit Court. Action at law. A demurrer to the petition was sustained. From this ruling plaintiff appeals. The facts of the case fully appear in the opinion. Money for redemption having been voluntarily paid with full knowledge of the facts, no right of action arises for such payment.
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Appeal from Sioux Circuit Court. Action at law. A demurrer to the petition was sustained. From this ruling plaintiff appeals. The facts of the case fully appear in the opinion. Money for redemption having been voluntarily paid with full knowledge of the facts, no right of action arises for such payment. (Iauman-v. County of Des Moines, 29 Iowa, 312; Estop v. Keol&ulc Co., 18 Id., 199.) The sale by the treasurer of plaintiff’s land after the taxes had been paid was a tort for which the treasurer and not the county is liable. (Angelí & Ames on Corp., § 311; Cowls etc. v. Mighells, 7 Ohio St¡,…
1Opinion of the CourtBeck, J.
The petition alleges that plaintiff, being the owner of certain real estate in Sioux cohnty, paid, the taxes assessed thereon for the year 1871, on the 5th day of February, 1872. On the 6th of January, 1873,. the property was sold for the taxes of the year 1871. The petition, after the statement of these facts, proceeds in the following language: “That on the 14th day of April, 1875, this plaintiff, in order to prevent his said land from being conveyed by the treasurer of*said county and a cloud cast upon his title, and to avoid vexatious litigation, trouble and costs of clearing his title,…
2Cases cited2 opinions
- Lauman v. County of Des MoinesSupreme Court of Iowa · 1870
- Isbell v. Crawford CountySupreme Court of Iowa · 1874
3Cited by11 opinions
- Manning v. PolingSupreme Court of Iowa · 1900
- Weaver v. StacySupreme Court of Iowa · 1895
- Hoyt v. BrownSupreme Court of Iowa · 1911
- Tyler v. Cass CountyNorth Dakota Supreme Court · 1890
- Pure Oil Co. v. TuckerCourt of Appeals for the Eighth Circuit · 1947
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