Wallace v. Sexton & Son
Supreme Court of Iowa
Appeal from Warren District Court. Action in chancery to quiet title to lands. The petition alleges that plaintiff holds the fee simple title to the property, and that defendants set up a claim thereto under a tax deed, which is averred to be void on account of certain matters set out in the petition.
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Appeal from Warren District Court. Action in chancery to quiet title to lands. The petition alleges that plaintiff holds the fee simple title to the property, and that defendants set up a claim thereto under a tax deed, which is averred to be void on account of certain matters set out in the petition. It is also shown that the tax deed under which defendants claim title was recorded more than five years prior to the commencement of this suit; that plaintiff has, for that time, been in the possession of the land, and it is claimed that defendants are barred from setting up their title to the…
1Opinion of the CourtBeck, J.
The plaintiff established by the evidence title to the land in herself, and possession for many years. The defendants introduced a tax deed recorded more than five years prior to the commencement of this action, upon which he claims title to the land. The case is within the rule established by this court in Laverty et al. v. Sexton & Son, 41 Iowa, 435, and Peck v. Sexton & Son, 41 Iowa, 566. This is conceded by defendants’ counsel, but they ask a review of these decisions, insisting that they should be overruled because they are in conflict with principle. They present an able and ingenious…
2Cases cited2 opinions
- Laverty v. Sexton & SonSupreme Court of Iowa · 1875
- Peck v. Sexton & SonSupreme Court of Iowa · 1875
3Cited by1 opinion
- Tabler v. CallananSupreme Court of Iowa · 1878