McCready v. Sexton & Son
Supreme Court of Iowa
Appeal from Dallas District Court. Wednesday, August 31. Action for the recovery of real property — the southeast quarter of section eight, township seventy-nine, north of range twenty-six, west of the fifth principal meridian.
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Appeal from Dallas District Court. Wednesday, August 31. Action for the recovery of real property — the southeast quarter of section eight, township seventy-nine, north of range twenty-six, west of the fifth principal meridian. The petition contains the usual averments, and also states that the defendants claim title to the real estate under a deed from the treasurer of Dallas county, dated in 1864 or 1865, purporting to be made under the revenue law, but which is wholly illegal. The defendants answer, averring their absolute ownership of the property, and that they acquired title under a tax…
1Opinion of the Court
Cole, Ch. J.
i. tax sat,!?. : umitation. I. When the plaintiff offered in evidence the duplicate of the original entry of the land in controversy, showing the entry thereof by himself, the defendants objected to the evidence, because it appeared by the plaintiff’s petition that the land had been sold for taxes more than five years prior to the bringing of this suit, and there was no showing that plaintiff was a minor or insane. The objection was overruled, and thereon the first error is assigned.
There was no error in overruling the objection. For the plaintiff had the right to first show his…
2Cases cited49 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Santo v. StateSupreme Court of Iowa · 1855
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
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3Cited by81 opinions
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- Galusha v. WendtSupreme Court of Iowa · 1901
- Ramish v. HartwellCalifornia Supreme Court · 1899
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
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