Abell v. Cross
Supreme Court of Iowa
Appeal from Marshall District Court. This action was brought for the recovery of real property. The plaintiff claims to recover the south half of section nine (9) in township eighty-five (85), north of range eighteen (18), west of the fifth principal meridian, by virtue of a tax sale, and decree of foreclosure thereof, for taxes levied in the year 1857. The sale and tax deed were made in 1858, and the decree of foreclosure was obtained at the April term, 1859, of the…
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Appeal from Marshall District Court. This action was brought for the recovery of real property. The plaintiff claims to recover the south half of section nine (9) in township eighty-five (85), north of range eighteen (18), west of the fifth principal meridian, by virtue of a tax sale, and decree of foreclosure thereof, for taxes levied in the year 1857. The sale and tax deed were made in 1858, and the decree of foreclosure was obtained at the April term, 1859, of the Marshall County District Court. Trial by the court, and judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtCole, J.
1. Evidence: error without prejudice. I. Upon the trial of the canse, the plaintiff offered in evidence the decree of foreclosure of tax title un(ler which plaintiff claims, rendered by the Dis-Court of Marshall county, at the April Term, pgg^ }n a cause entitled, “ Thomas B. Abell v. N. E. ¼ of sections 26, 84, 19, et als.,” then pending in said court. The defendants objected to the introduction of the decree, on the ground that the whole record, including the pleadings, &c., on which said decree was based, must be introduced with it. The court sustained the objection; and excluded the…
2Cases cited6 opinions
- Latterett v. CookSupreme Court of Iowa · 1855
- Gaylord v. ScarffSupreme Court of Iowa · 1858
- Byington v. CrosthwaitSupreme Court of Iowa · 1855
- Carr v. KoppSupreme Court of Iowa · 1856
- Robertson v. YoungSupreme Court of Iowa · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Preston v. Van GorderSupreme Court of Iowa · 1871
- Priestman v. PriestmanSupreme Court of Iowa · 1896
- Carnes v. MitchellSupreme Court of Iowa · 1891
- Empire Real Estate & Mortgage Co. v. BeechleySupreme Court of Iowa · 1908
- Bardsley v. HinesSupreme Court of Iowa · 1871
5 more not listed; retrieve them via the Exa API.