Sully v. Poorbaugh
Supreme Court of Iowa
Appeal from Jasper District Court. ■ This is a suit in equity brought by plaintiff to settle and quiet his title to one hundred and twenty acres of land.
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Appeal from Jasper District Court. ■ This is a suit in equity brought by plaintiff to settle and quiet his title to one hundred and twenty acres of land. He alleges that he was the owner thereof by virtue of certain tax deeds; that the lands were sold for the taxes of 1864, and his deeds were made therefor in 1868; that the taxes were duly levied and unpaid, and all the proceedings prior to his deeds were had in accordance with law. • He also avers that the defendant claims to have some interest therein. \ The defendant, for answer, denies that the plaintiff is the owner of the lands; denies…
1Opinion of the CourtRothrock, J.
I. We have each carefully examined the evidence and are united in the opinion that it is not sufficient to establish that there was any fraudulent combination among the bidders at the sale; at least, it is not sufficient to warrant us in holding the sale void under the rule settled by this court. See Eldridge v. Kuehl, 27 Iowa, 160, and Kerver v. Allen, 31 Iowa, 578. The evidence upon this branch of the case is somewhat voluminous, and is conflicting, and a review of it here would serve no useful purpose.
II. Upon the trial the defendant introduced in evidence the certificate of the Register…
2Cases cited5 opinions
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Everett v. BeebeSupreme Court of Iowa · 1873
- Kerwer v. AllenSupreme Court of Iowa · 1871
- Des Moines Navigation & Railroad v. County of PolkSupreme Court of Iowa · 1859
- County of Guthrie v. County of CarrollSupreme Court of Iowa · 1871
3Cited by2 opinions
- County of Buena Vista v. Iowa Falls & Sioux City RailroadSupreme Court of Iowa · 1877
- Robinson v. BaileyU.S. Circuit Court for the District of Northern Iowa · 1885