Porter v. Lafferty
Supreme Court of Iowa
Appeal from Wapello District Court. Plaintiff filed a petition stating that she is the absolute owner in fee of lot 2, block 95, Eddy ville, Iowa, and entitled to immediate possession. That defendants unlawfully keep her out of possession, they claiming title through a tax deed which plaintiff claims they fraudulently procured. Defendants purchased said property of A. J. and hi.
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Appeal from Wapello District Court. Plaintiff filed a petition stating that she is the absolute owner in fee of lot 2, block 95, Eddy ville, Iowa, and entitled to immediate possession. That defendants unlawfully keep her out of possession, they claiming title through a tax deed which plaintiff claims they fraudulently procured. Defendants purchased said property of A. J. and hi. J. Odern, in 1867, and took a title bond for the same, subject to a mortgage then existing thereon for $450, made by said Odem to Henry Collins, and defendants agreed to pay off said mortgage. Disregarding their…
1Opinion of the CourtDay, J.
I. As to the duty of defendcmts to pay the taxes upon the lands in question. It is alleged in the petition as a ground of relief that the defendants, with intent to defraud plaintiffs, allowed the taxes to remain unpaid on said lands. A consideration as to the sufficiency of this averment involves a determination of the question whether defendants were under any legal obligation to pay said taxes; for we apprehend it will not be claimed that their failure to pay them was a fraud, if they were under no obligation, express or implied, to do so. It is not claimed by appellant that defendants…
2Cases cited1 opinion
- Devin v. HendershottSupreme Court of Iowa · 1871
3Cited by25 opinions
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- Stears v. HollenbeckSupreme Court of Iowa · 1874
- Gorton v. PaineSupreme Court of Florida · 1881
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