Legal Opinion

Williams v. Gleason

Supreme Court of Iowa

Decided December 8, 1857PublishedCited by 4 opinions

Appeal from the Cedar District Cowrt. This was an action to recover certain real property, described in the petition. Plaintiff having submitted his proofs and exhibits, defendant offered to introduce, as the first link in his chain of title, a tax-title deed, dated May 9th, 1849, signed and acknowledged by the treasurer of Cedar county. To the introduction of this deed, plaintiff objected — the objection was sustained — and judgment being for plaintiff, defendant appeals.

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Appeal from the Cedar District Cowrt. This was an action to recover certain real property, described in the petition. Plaintiff having submitted his proofs and exhibits, defendant offered to introduce, as the first link in his chain of title, a tax-title deed, dated May 9th, 1849, signed and acknowledged by the treasurer of Cedar county. To the introduction of this deed, plaintiff objected — the objection was sustained — and judgment being for plaintiff, defendant appeals. The deed recites that in April, 1848, a judgment was obtained in favor of the State of Iowa, against the land in…

1Opinion of the Court

Wright, Ch. J.*

-The district court held that the deed offered in evidence, was absolutely void, and, as such, could impart no title to defendant, or those under whom he claims. The ground for thus holding, as assumed in the argument, is, that under the revenue law of 1844, the treasurer was bound to receive the delinquent taxes, unpaid for 1845, for two years, beginning on the first day of *285January succeeding the filing of the delinquent lists by him, or for three years from the first of January succeeding the assessment; that, as a consequence, the judgment, in said law contemplated, could…

2Cited by4 opinions

  1. Anson v. SteinSupreme Court of Iowa · 1858
  2. In re the StateMichigan Supreme Court · 1885
  3. Clifford v. Hyde CountySouth Dakota Supreme Court · 1909
  4. Bleidorn v. AbelSupreme Court of Iowa · 1858

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