Jasper County ex rel. School Fund v. Rogers
Supreme Court of Iowa
Appeal from Jasper District Court. Foreclosure of a mortgage in favor of the school fund in said county, dated the 1st of January, 1858. On the 2d day of November, 1868, the mortgage premises were sold to the defendant, H. S. Winslow, for the sum of $1067Vój being the amount of delinquent taxes then due on said premises, for the years 1857, 1858, 1859, 1860, 1861 and 1862, and a certificate of purchase regularly issued to the said Winslow.
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Appeal from Jasper District Court. Foreclosure of a mortgage in favor of the school fund in said county, dated the 1st of January, 1858. On the 2d day of November, 1868, the mortgage premises were sold to the defendant, H. S. Winslow, for the sum of $1067Vój being the amount of delinquent taxes then due on said premises, for the years 1857, 1858, 1859, 1860, 1861 and 1862, and a certificate of purchase regularly issued to the said Winslow. The plaintiff’s petition asks that any. lien or title acquired to the mortgage property under said tax certificate may be foreclosed, declared and held…
1Opinion of the CourtLowe, J.
1. Tax title: school fund mortgage. The point suggested is, whether the plaintiff, or the defendant Winslow, under the facts as stated, ^as the Pri°r equity. Ordinarily, the defendant would have; but in a case o.f this kind, under §§ 810 and 811 of the Revision, the plaintiff is *255entitled to priority. T.hey are as follows: First. That any school or university lands of tbis State, bought on a credit, whenever the same is sold for taxes, the pur-' chaser at such tax sale shall only acquire the interest of the original purchaser in such .lands, and no sale of any such lands for taxes shall…
2Cited by4 opinions
- State v. ShawSupreme Court of Iowa · 1869
- Ayres v. Adair CountySupreme Court of Iowa · 1883
- Monona County Ex Rel. School Fund v. WaplesSupreme Court of Iowa · 1939
- Iowa County v. BeesonSupreme Court of Iowa · 1880