Dorweiler v. Callanan
Supreme Court of Iowa
Appeal from Kossuth District Court. — Hon. George H. Carr, Judge. Plaintiff, the owner of a patent title to a certain-forty acres of land, brings this action to quiet his title as against the claims of the defendants. The defendants claim title under a tax deed to H. R. Snath, executed and filed for record October 28, 1874, in pursuance of a sale made November 8, 1870, for the taxes of 1869, and a quitclaim deed from said Snath.
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Appeal from Kossuth District Court. — Hon. George H. Carr, Judge. Plaintiff, the owner of a patent title to a certain-forty acres of land, brings this action to quiet his title as against the claims of the defendants. The defendants claim title under a tax deed to H. R. Snath, executed and filed for record October 28, 1874, in pursuance of a sale made November 8, 1870, for the taxes of 1869, and a quitclaim deed from said Snath. Plaintiff alleges that said tax deed is void for the reason that said land was exempt from taxation for the year 1869. Plaintiff further alleges that he and his…
1Opinion of the CourtGiven, J.
*3011 *300I. The plaintiff does not claim in argument that the land was not subject to taxation for the year 1869, nor do we think he could so claim, successfully, under the facts. No other objection is made to the tax deed, and we, therefore, accept it as valid. Section 902 of the Code provides that “no action for the recovery of real property sold for the nonpayment of taxes shall lie unless the same be brought within five years after the treasurer’s deed is executed and recorded.” This limitation expired October 28, 1879, *301and the holder of the tax title could not thereafter maintain an action to…
2Cases cited2 opinions
- Moingona Coal Co. v. BlairSupreme Court of Iowa · 1879
- Francis v. GriffinSupreme Court of Iowa · 1887
3Cited by1 opinion
- Dice v. BrownSupreme Court of Iowa · 1896