Fitchpatrick v. Botheras
Supreme Court of Iowa
Appeal from Story District Court. — Hon. C. E. Albrook, Judge. ' Action in equity to foreclose a second mortgage on certain described real property. The defendant Fowler, as county treasurer; was made a party with the allegation that a special assessment on the property for a drainage ditch was invalid, and a part of the relief asked was that said county treasurer be perpetually enjoined from enforcing the collection of said special assessment.
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Appeal from Story District Court. — Hon. C. E. Albrook, Judge. ' Action in equity to foreclose a second mortgage on certain described real property. The defendant Fowler, as county treasurer; was made a party with the allegation that a special assessment on the property for a drainage ditch was invalid, and a part of the relief asked was that said county treasurer be perpetually enjoined from enforcing the collection of said special assessment. The county treasurer interposed a demurrer to the petition, which demurrer was sustained. Whereupon judgment was entered against plaintiff for costs,…
1Opinion of the CourtMcClain, J.
The validity of the special drainage assessment on. the mortgaged property is questioned by appellant on the ground that the statute does not provide for notice to mortgagees of the amount of such assessment apportioned to each tract and of the day set for hearing objections to such assessment. Code Supp., 1907, section '1989-al2. A prior section (1989-a3) requires notice to be served upon owners of land within the proposed drainage district and upon persons in actual occupancy of any such land and upon each lienholder or incumbrancer of any land through which or abutting upon which the…
2Cases cited10 opinions
- Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Wabash Eastern Railway Co. v. Commissioners of East Lake Fork Special Drainage DistrictIllinois Supreme Court · 1890
- Beebe v. MagounSupreme Court of Iowa · 1904
- City of Seattle v. HillWashington Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nalle v. EavesTexas Commission of Appeals · 1928
- Connell v. City of KaukaunaWisconsin Supreme Court · 1917
- City of Charles City v. RamsaySupreme Court of Iowa · 1925
- Fergason v. AitkenSupreme Court of Iowa · 1935
- Kessler v. TarratsNew Jersey Superior Court Appellate Division · 1983
3 more not listed; retrieve them via the Exa API.