Byington v. Robertson
Supreme Court of Iowa
Appeal from Johnson District Court. Action to foreclose a tax title, brought in 1859. The petition set out the execution and delivery of the deed by the treasurer of Johnson county, pursuant to a public sale to plaintiff, on June 20th, 1856, for delinquent taxes regularly levied for 1855. A copy of the deed was annexed to the petition, and referred to as part of it.
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Appeal from Johnson District Court. Action to foreclose a tax title, brought in 1859. The petition set out the execution and delivery of the deed by the treasurer of Johnson county, pursuant to a public sale to plaintiff, on June 20th, 1856, for delinquent taxes regularly levied for 1855. A copy of the deed was annexed to the petition, and referred to as part of it. The plaintiff also averred that he had paid the taxes for the four subsequent years, amounting in all to one hundred dollars, and asked a foreclosure of the equity of redemption of defendants, and the affirmance of his title as…
1Opinion of the CourtCole, J.
1. pxiead-mieeaa^ I. The petition distinctly avers the execution and delivery of the deed by the proper officer, and a copy of the deed is annexed to the petition. The statute under which the sale and deed were made, provides that the deed shall be presumptive evidence of the regularity of all prior proceedings. It was, therefore, unnecessary to aver the due and regular performance of the acts necessary to make the deed valid. The possession of the deed was, under the statute, evidence of their due performance, and devolved upon the defendant the onus of showing that they were not performed.…
2Cases cited1 opinion
- Byington v. WoodsSupreme Court of Iowa · 1862
3Cited by1 opinion
- Snyder v. Fort Madison Street Railway Co.Supreme Court of Iowa · 1898