Legal Opinion

Iowa Railroad Land v. Story County

Supreme Court of Iowa

Decided January 24, 1872PublishedCited by 14 opinions

Appeal from, Story District Qowrt. This is a suit in equity, brought October 2d, 1871, by the plaintiff, which is a corporation, and the grantee of the Cedar Rapids & Missouri River Railroad Co., of the swamp lands of Story county, against the said county, its treasurer and numerous other persons, purchasers of said lands at tax sales, made October 5th, 1868, to enjoin the conveyance thereof under such sales, to set the same aside and quiet plaintiff’s title, etc.

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Appeal from, Story District Qowrt. This is a suit in equity, brought October 2d, 1871, by the plaintiff, which is a corporation, and the grantee of the Cedar Rapids & Missouri River Railroad Co., of the swamp lands of Story county, against the said county, its treasurer and numerous other persons, purchasers of said lands at tax sales, made October 5th, 1868, to enjoin the conveyance thereof under such sales, to set the same aside and quiet plaintiff’s title, etc. A temporary injunction was granted. The only issue is whether said lands were taxable for the years 1861, 1865 or 1866. On the…

1Opinion of the CourtCole, J.

— I. The record in this ease is voluminous. The ultimate facts are few. ¥e state them so far as necessary, as follows : By various acts of congress and the State legislature, and by patents by the United States to the State of Iowa, and by the State to the defendant, Story county, the title to the lands in controversy has been vested in the said county. On the 22d day of April, 1863, by a contract between the board of supervisors of said county and the Cedar Rapids & Missouri River Railroad Company, which was afterward and on the 15th day of May, 1863, duly ratified and confirmed by a vote of…

2Cases cited1 opinion

  1. Cedar Rapids & Mo. R. R. v. Woodbury CountySupreme Court of Iowa · 1870

3Cited by14 opinions

  1. County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
  2. Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Douglas CountyWisconsin Supreme Court · 1908
  3. Adams County v. B. & M. R. Co.Supreme Court of Iowa · 1874
  4. Outer Harbor Dock & Wharf Co. v. City of Los AngelesCalifornia Court of Appeal · 1920
  5. Audubon Co. v. American Emigrant Co.Supreme Court of Iowa · 1875

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