Watson v. Phelps
Supreme Court of Iowa
Appeal from Cass District Court. Notion in chancery to set- aside a tax sale, and deed of certain lands on account of fraud in conducting tbe sale. There was a decree granting tbe relief prayed for from which defendants appeal. -The facts of the case fully appear in the opinion.
1Opinion of the CourtBeck, J.
The lands in controversy were purchased at a sale for taxes in 1868, by one Dickerson, who transferred the certificate of sale to Eldridge, and a treasurer’s deed was made to him. He conveyed by quit claim deed to defendant Patterson. Phelps acted as tbe agent of Dickerson at the tax sale. All of these persons are made defendants. It is shown by tbe evidence that tliere was a fraudulent combination of bidders at tbe sale, which will defeat tbe title unless the bolder be protected as an innocent purchaser.
I. We will first inquire whether Eldridge, who had no *483notice of the fraud, can be…
2Cases cited4 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Vattier v. HindeSupreme Court of the United States · 1833
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Smith's Heirs v. Branch Bank at MobileSupreme Court of Alabama · 1852
3Cited by22 opinions
- Johnson v. WilliamsSupreme Court of Kansas · 1887
- Light v. WestSupreme Court of Iowa · 1875
- Miller v. WolfSupreme Court of Iowa · 1884
- Steele & Son v. Sioux Valley BankSupreme Court of Iowa · 1890
- Fogg v. HolcombSupreme Court of Iowa · 1884
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