Fitzgerald v. City of Sioux
Supreme Court of Iowa
Appeal from WoodbiLry District Court. — .Hon. John F. Oliver, Judge. Suit iu equity to quiet plaintiff’s title to certain lots in the city of Sioux City. His claim thereto is under tax deeds issued by the county treasurer of Woodbury county for taxes for the years 1892 to 1896, inclusive.
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Appeal from WoodbiLry District Court. — .Hon. John F. Oliver, Judge. Suit iu equity to quiet plaintiff’s title to certain lots in the city of Sioux City. His claim thereto is under tax deeds issued by the county treasurer of Woodbury county for taxes for the years 1892 to 1896, inclusive. Defendant adpiitted the issuance of the deeds, but claimed that the property was still subject to certain special assessments made against it for’ improvement purposes, and that plaintiff was not entitled to have his title quieted as against them. The trial court found for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, C. J.
The case was tried on an agreed statement ; hence the facts are not in dispute. From this it appears that plaintiff holds a tax deed for certain of the lots in question, issued pursuant to a regular tax sale held in the year 1897 for taxes on the property for the years 1892-96, inclusive. In the year 1891 the defendant levied a special grading tax on all of these lots, and in the year 1890 levied *398a special paving tax against some or all of them, and also a special tax for curbing. The resolutions for these improvements provided for the payment of the special taxes in five equal installments,…
2Cases cited7 opinions
- Morrison v. HershireSupreme Court of Iowa · 1871
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
- City of Burlington v. B. & M. R. R.Supreme Court of Iowa · 1875
- Dennison v. City of KeokukSupreme Court of Iowa · 1876
- Zelie v. City of Webster CitySupreme Court of Iowa · 1895
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3Cited by13 opinions
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- Means v. Incorporated City of BooneSupreme Court of Iowa · 1932
- Carter v. CemanskySupreme Court of Iowa · 1905
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