Walker v. Sioux City & Iowa Falls Town Lot & Land Co.

Beck, Ch. J.

I. The defendant has presented to us a petition for rehearing, in which the conclusion reached in the *752third point of the original opinion (see 65 Iowa, 563,) is complained of, upon the ground that the abstract shows that the allegation of the fact that the land was taxed to defendant was made in the answer, which set up a counter-claim, and; as it was not denied, it must be regarded as admitted. A statement of the substance of the pleading, with a little more particularity than was attempted in the original opinion, will, we think, afford a satisfactory answer to defendant’s…