Childs v. Shower
Supreme Court of Iowa
Appeal from Polk District Court. Occupying claimant law; color op title; good paith; CONSTITUTIONALITY OP ACT OP MARCH, 1858; repeal; damages, &c. — The defendant herein’, Shower, was found, in tbe proper action against Childs, to be the real owner of lot 7, block 2, Des Moines.
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Appeal from Polk District Court. Occupying claimant law; color op title; good paith; CONSTITUTIONALITY OP ACT OP MARCH, 1858; repeal; damages, &c. — The defendant herein’, Shower, was found, in tbe proper action against Childs, to be the real owner of lot 7, block 2, Des Moines. This proceeding was thereupon instituted by Childs (whom we shall designate as the plaintiff or occupant), under the statute, to recover of the owner (Shower) the value of certain improvements made upon the property by Childs. His petition is in due form, and need not specially be noticed. He claims $8,000. His right…
1Opinion of the CourtDillon, J.
The appellant’s counsel requests that each point made by him shall be determined by the court. As he has made no question not properly and necessarily in the case, his request is reasonable, and shall be complied with. But as the questions are numerous, we must dispose of the less important ones briefly.
1. Evidence: tax deed. I. The first question made, arises upon § 2268 of the Revision, which declares that “the purchaser in good faith at any judicial or tax sale, made by a proper person or officer, has color of title, whether such person or officer had sufficient authority to sell or not,…
2Cases cited16 opinions
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- Tims v. StateSupreme Court of Alabama · 1855
- Ross v. IrvingIllinois Supreme Court · 1852
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Mobile & Ohio Railroad v. StateSupreme Court of Alabama · 1857
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3Cited by30 opinions
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
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- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
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- State ex rel. Law v. BlendIndiana Supreme Court · 1890
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