Lockridge v. Daggett
Supreme Court of Iowa
Appeal from Harrison District Court. Action to recover possession of eighty acres of land. The defendants filed an answer, the second division of which is as follows: “ Eor other and further defense to the plaintiff’s cause of action defendants say that the plaintiff’s pretended title is based upon a tax deed issued to William Sunderlin, and made and dated September 10,1869, and recorded September 22,1869; that this action was commenced and the petition filed therein on the…
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Appeal from Harrison District Court. Action to recover possession of eighty acres of land. The defendants filed an answer, the second division of which is as follows: “ Eor other and further defense to the plaintiff’s cause of action defendants say that the plaintiff’s pretended title is based upon a tax deed issued to William Sunderlin, and made and dated September 10,1869, and recorded September 22,1869; that this action was commenced and the petition filed therein on the 30th day of December, 1875; that more than five years had elapsed from the time of the issuing and recording of said…
1Opinion of the CourtAdams, J.
The petition avers that the plaintiff is the owner of the property and that the defendants unlawfully keep him
l. tax deed: limitations, out of possession. The facts averred in the second division of the answer and admitted by the demurrer are that the plaintiff’s title, whatever he has, is derived through a tax deed which was recorded September 22, 1869, and that the action was commenced December 30, 1875. The question presented is as to whether the fact that the defendants were in possession at the time the action was commenced, and the further fact that the action was not commenced within…
2Cited by1 opinion
- Lockridge v. DaggettSupreme Court of Iowa · 1880