Street v. Hughes
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Petition in equity to foreclose defendant’s equity of redemption, in and to certain lots in Council Bluffs city, sold for the delinquent taxes of 1860 and 1861 by the city authorities in 1861 and 1862. The sales were made by the city marshal, certificates of purchase given by him, and deeds made by the mayor of the city in 1862 and 1863. Defendant demurred, upon the ground, that the marshal had no authority to issue certificates of…
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Appeal from Pottawattamie District Court. Petition in equity to foreclose defendant’s equity of redemption, in and to certain lots in Council Bluffs city, sold for the delinquent taxes of 1860 and 1861 by the city authorities in 1861 and 1862. The sales were made by the city marshal, certificates of purchase given by him, and deeds made by the mayor of the city in 1862 and 1863. Defendant demurred, upon the ground, that the marshal had no authority to issue certificates of purchase, or the mayor to make the deeds based upon such certificates. The demurrer was sustained, and plaintiff appeals.
1Opinion of the CourtWright, J.
i tax municipal corpoi-ation. By the seventeenth section of the act of January 23, 1857 (ch. 102, an act to amend the charter °£ oity Council Bluffs), the city marshal is given authority to sell real estate for delinqUen.j. ^axeg; give a certificate of purchase; and the mayor, if there is no redemption within eighteen months, is required, on the presentation of such certificate, to make a deed. This deed, it is declared, shall be good and valid in law or equity to' pass a valid title.
In. 1858, the legislature declared as follows:
• “Whereas, by the charters and other acts granting to municipal…
2Cited by3 opinions
- State v. ShawSupreme Court of Iowa · 1869
- Byam v. CookSupreme Court of Iowa · 1866
- Vaughn v. StoneSupreme Court of Iowa · 1880