Legal Opinion

Callanan v. Hurley

Supreme Court of the United States

Decided December 18, 1876PublishedCited by 17 opinions

Appeal from tbe Circuit Court of the United States for the District of Iowa. The complainant asserts title to the lands in controversy, by virtue of his having entered them pursuant to the provisions of the act of Congress; and the defendant Callanan claims to be the owner, by force of tax-deeds of the treasurer of the county of Cass, founded on alleged sales made in January, 1864, for delinquent taxes.

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Appeal from tbe Circuit Court of the United States for the District of Iowa. The complainant asserts title to the lands in controversy, by virtue of his having entered them pursuant to the provisions of the act of Congress; and the defendant Callanan claims to be the owner, by force of tax-deeds of the treasurer of the county of Cass, founded on alleged sales made in January, 1864, for delinquent taxes. These deeds, having been placed upon record, are, as the plaintiff avers, a cloud upon his title, and the object of his bill is to procure their cancellation. He charges that they are void,…

1Opinion of the CourtJustice Strong

Before examining the objections to the validity of the tax-deeds which the original bill and its amendment suggest, it will be convenient to notice the provisions of the statutes of the State respecting tax sales, and respecting the effect of treasurers’ deeds for lands sold for-delinquent taxes. They are contained in the Revision of 1860, c. 45. After giving directions for sales of land by the county treasurer for delinquent taxes, prescribing notice by advertisement, and providing for the cost of advertising, the treasurer is directed to offer separately, on the day of sale, each tract or…

2Cases cited1 opinion

  1. Phelps v. MeadeSupreme Court of Iowa · 1875

3Cited by17 opinions

  1. Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
  2. Roberts v. First National BankNorth Dakota Supreme Court · 1899
  3. O'Keefe v. DillenbeckSupreme Court of Oklahoma · 1905
  4. Maxwell v. PageNew Mexico Supreme Court · 1917
  5. Larson v. DickeyNebraska Supreme Court · 1894

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