Brown v. Painter
Supreme Court of Iowa
Appeal from Des Moines District Court. This is the same case that was determined in 38 Iowa, 456. The cause having been remanded to the court below, the plaintiffs, on the 24th day of May, 1875, filed their amended petition praying a judgment for the taxes and penalties from the year 1856 to the year 1870, both inclusive, and that the same be declared a lien upon the premises in question.
Read the full summary
Appeal from Des Moines District Court. This is the same case that was determined in 38 Iowa, 456. The cause having been remanded to the court below, the plaintiffs, on the 24th day of May, 1875, filed their amended petition praying a judgment for the taxes and penalties from the year 1856 to the year 1870, both inclusive, and that the same be declared a lien upon the premises in question. The defendant demurred to the petition on the ground that it shows on its face that the claim is barred by the statute of limitations. The court sustained the demurrer except as to the two last named items…
1Opinion of the Court
Day, J".
i statute of ta£attou:ls: aotiou. The only question presented is, whether the action for the recovery of the taxes paid more than five years prior to the commencement of the action is barred by the statute of limitations. It is claimed by appellant that plaintiffs, under the doctrine of Everett v. Beebe, 37 Iowa, 452, is subrogated to the rights of the *369county and State, and that the statute of limitations does not run against him, under the doctrine of County of Des Moines v. Harker, 34 Iowa, 84.
It has never been determined that the statute of limitations does not run against a…
2Cases cited4 opinions
- Everett v. BeebeSupreme Court of Iowa · 1873
- City of Burlington v. B. & M. R. R.Supreme Court of Iowa · 1875
- County of Des Moines v. HarkerSupreme Court of Iowa · 1871
- State v. HendersonSupreme Court of Iowa · 1875
3Cited by11 opinions
- Board of Education, School District 16 v. StandhardtNew Mexico Supreme Court · 1969
- Barke v. EarlySupreme Court of Iowa · 1887
- La Rue v. KingSupreme Court of Iowa · 1888
- Payette v. Marshall CountySupreme Court of Iowa · 1917
- Thode v. SpoffordSupreme Court of Iowa · 1884
6 more not listed; retrieve them via the Exa API.