Laverty v. Sexton & Son
Supreme Court of Iowa
Appeal from Warren District Court. Action to quiet title to lands belonging to tbe estate of which the plaintiffs are executors. There was a decree granting the relief prayed for in the petition. Defendants appeal. The opinion of the court contains a statement of the pleadings and the facts of the case. An executor cannot maintain an action to set aside a tax deed, in the absence of authority conferred by the will. (Lawertyv.
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Appeal from Warren District Court. Action to quiet title to lands belonging to tbe estate of which the plaintiffs are executors. There was a decree granting the relief prayed for in the petition. Defendants appeal. The opinion of the court contains a statement of the pleadings and the facts of the case. An executor cannot maintain an action to set aside a tax deed, in the absence of authority conferred by the will. (Lawertyv. Woodward, 16 Iowa, 1; Foteaux v. Lepage, 6 Id., 130; Qladson v. Whitney, 9 Id., 268.) Equity will grant no relief other than that ashed in the bill. (Qwynn v. Turner, 18…
1Opinion of the Court
Beck, J. —
The petition alleges that John M. Laverty; deceased, was, at the time of his death, the owner of certain lands described' therein; that plaintiffs are his executors and have, under'the provisions of the will, control and possession of the land, and that the decedent was in the actual possessiofi thereof from 1850 to the day of his death, and since that time the land has been in the occupancy of plaintiffs. - The petition shows that defendants claim title to the property under a tak deed executed in 1867, upon a sale made in 1863, for the delinquent taxes of 1861. The petition prays…
2Cases cited2 opinions
- Wilson v. HorrSupreme Court of Iowa · 1864
- Freeman v. O'BrienSupreme Court of Iowa · 1874
3Cited by14 opinions
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- Jones v. RandleSupreme Court of Alabama · 1880
- Boatwright v. American Life Insurance Co.Supreme Court of Iowa · 1920
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Ladd v. MillsOregon Supreme Court · 1904
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