Davis v. Magoun
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. William Hutchinson, Judge. Action in equity to have certain tax sales declared void, and to enjoin the issuance of deeds thereon. Two grounds are set up as a foundation for the relief asked, viz.: (1) That no proper notice of said sales was given, as required by law; and (2) that, as to a part of the land involved, it was not subject to taxation at the time the assessments were made.
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Appeal from Woodbury District Court. — Hon. William Hutchinson, Judge. Action in equity to have certain tax sales declared void, and to enjoin the issuance of deeds thereon. Two grounds are set up as a foundation for the relief asked, viz.: (1) That no proper notice of said sales was given, as required by law; and (2) that, as to a part of the land involved, it was not subject to taxation at the time the assessments were made. The district court held that the sales were invalid for that no legal notice thereof was given, and from this branch of the decree the defendants appeal. It also found…
1Opinion of the Court
"Wateemau, J.
Tbe facts of tbis case are stipulated. We set them out as they appear in tbe agreed abstract of record:
“It is agreed by tbe plaintiff and defendant, and by their attorneys herein, that tbe following facts are admitted:
“That tbe lots described in plaintiff’s petition as being in Sioux City West are located on and a part of tbe northwest quarter (N. W. J) of tbe northwest quarter (N. W. of section twenty-nine (29), township eighty-nine (89), range forty-seven (47) west of tbe fifth P. M., and said lots were sold December 3, 1894, for tbe taxes assessed, 1893, by J. A. Magoun,…
2Cases cited19 opinions
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- Shepley v. CowanSupreme Court of the United States · 1876
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
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3Cited by4 opinions
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