Barrett v. Holmes
Supreme Court of the United States
Error to the Supreme Court of the State' of Iowa. This was an action for .the recovery of real property, brought by the plaintiff in error Áug. 28, 1874, in the Circuit' Court of Mills County, in the State of Iowa.
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Error to the Supreme Court of the State' of Iowa. This was an action for .the recovery of real property, brought by the plaintiff in error Áug. 28, 1874, in the Circuit' Court of Mills County, in the State of Iowa. He relied on a tax title based on the deed'of the county treasurer to one Meads,' dated Jan. 6, 1868, and recorded on the 28th of the same month; a deed from Meads to one Callanan, dated Feb. 1, and recorded March 12, 1873; and a deed from Callanan to himself, dated July 25, and recorded Aug. 3, 1874. The' defendant claimed under a bond for a deed, given by those who held thé…
1Opinion of the CourtJustice Woods
The Supreme Court of Iowa has, by several decisions, con-' stru'ed the five years’ Statute of Limitations, which, is set up as a defence in this case, to apply .to an', action brought by one claiming under a tax deed, as well as'; to one brought by the-original owner of the' land. - Brown v. Painter, 38 Iowa, 456; Laverty v. Sexton, 41 id. 435. And the court so ruled in1 this cáse. See Barrett v. Love, 48 id. 103.
By these decisions the Supreme Court of the State has established a .rule of property in the State of Iowa which'is binding on this and other courts of the United States. Jackson v.…
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