Gaylord v. Scarff
Supreme Court of Iowa
Appeal from the Des Moines District Court. Tbis was an action to recover lot six in out-lot nine hundred and sixty one, in Barrett’s sub-division of lots in the city of Burlington. The defendant answers, setting up his title as required by the petition of plaintiff, which is as follows: Barrett purchased of the United States, on the 8th of November, 1811; he conveyed to one Blankenship, who, on the 11th of April, 1856, conveyed to defendant.
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Appeal from the Des Moines District Court. Tbis was an action to recover lot six in out-lot nine hundred and sixty one, in Barrett’s sub-division of lots in the city of Burlington. The defendant answers, setting up his title as required by the petition of plaintiff, which is as follows: Barrett purchased of the United States, on the 8th of November, 1811; he conveyed to one Blankenship, who, on the 11th of April, 1856, conveyed to defendant. Plaintiff replies, setting up certain proceedings under a tax sale, and a decree thereon, vesting the title in said lot in one Barlow, who conveyed to…
1Opinion of the Court
Weight, C. J.*
— Did the court below err, in sustaining the demurrer to plaintiff’s rejoinder? To determine this question, we have to ascertain, whether the facts set up in said rejoinder, so far as well pleaded, are sufficient to defeat plaintiff’s title.
Barlow purchased the lot in controversy, under a sale for the delinquent taxes for the year 1850. The decree was rendered in his favor, on the 13th of November, 1855, but in what year the treasurer sold the property, does not appear. The caption of the decree, which is made a part of the plaintiff’s replication, is as follows: “J. W. Barlow…
2Cited by9 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- McCarter v. NeilSupreme Court of Arkansas · 1887
- Abell v. CrossSupreme Court of Iowa · 1864
- Rima v. CowanSupreme Court of Iowa · 1870
- Hunger v. BarlowSupreme Court of Iowa · 1874
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