Legal Opinion

Merrill v. Tobin

Supreme Court of Iowa

Decided May 21, 1891PublishedCited by 9 opinions

Appeal from, Palo Alto District Court. — Hon. Lot TiioMas, Judge. These two actions involve the same questions, and, by agreement, they were tried together in the district court, and submitted as one case in this court, and they will be determined in one opinion. The object of the actions is to recover for certain taxes paid by the plaintiff upon a half section of land in Palo Alto county, and to enforce the payment thereof, by the establishment of a lien upon the land.

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Appeal from, Palo Alto District Court. — Hon. Lot TiioMas, Judge. These two actions involve the same questions, and, by agreement, they were tried together in the district court, and submitted as one case in this court, and they will be determined in one opinion. The object of the actions is to recover for certain taxes paid by the plaintiff upon a half section of land in Palo Alto county, and to enforce the payment thereof, by the establishment of a lien upon the land. During the time that the taxes were paid by the plaintiff the defendants Tobin and, Mulroney each owned, or claimed to own,…

1Opinion of the CourtRotheock, J.

I. It appears from the record in the case that in the year 1863 the plaintiff received „ former adjndi-issuenotin from the United States two patents, one for each of the quarter sections of land, the tax upon which is in controversy in these actions. These patents were issued in pursuance of actual entries of the land made at the proper United States land-office, said entries having been made upon county land-warrants. In 1859 the same land was selected and certified as swamp lands under the swamp-land act of congress, and conveyances were made by Palo Alto county to J. Stockdale, who in 1861…

2Cases cited11 opinions

  1. Sillyman v. KingSupreme Court of Iowa · 1873
  2. Goodnow v. MoultonSupreme Court of Iowa · 1879
  3. Kitteridge v. ChapmanSupreme Court of Iowa · 1873
  4. Light v. WestSupreme Court of Iowa · 1875
  5. Booth v. SmallSupreme Court of Iowa · 1868

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
  2. Hollywood, Inc. v. ClarkSupreme Court of Florida · 1943
  3. Packwood v. BriggsWashington Supreme Court · 1901
  4. Young v. HamiltonSupreme Court of Iowa · 1932
  5. Hargrave v. City of KeokukSupreme Court of Iowa · 1929

4 more not listed; retrieve them via the Exa API.

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