Legal Opinion

Ellsworth v. Van Ort

Supreme Court of Iowa

Decided October 22, 1885PublishedCited by 9 opinions

Appeal from Sioux District Court. Plaintiff obtained a tax deed to a quarter section of land in Sioux county, and he brought this action in equity to quiet the title thereto. Defendant was in possession of the land at the time the tax deed was executed, and held the fee title. The only defense interposed is that the right of redemption from the tax sale had not expired, when the deed was executed.

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Appeal from Sioux District Court. Plaintiff obtained a tax deed to a quarter section of land in Sioux county, and he brought this action in equity to quiet the title thereto. Defendant was in possession of the land at the time the tax deed was executed, and held the fee title. The only defense interposed is that the right of redemption from the tax sale had not expired, when the deed was executed. Defendant also pleads a tender of the amount necessary to redeem, and prays that the deed be cauceled, and that his right to redeem the premises be established. The district court dismissed…

1Opinion of the CourtReed, J.

After the expiration Of two years and nine months from the date of the sale, plaintiff caused the notice prescribed by section 894 of the Code to be served on defendant. The notice was served by the sheriff of the county, and he indorsed a return thereon showing the date of the.service and the manner in which it was made, which was by reading the notice to defendant and delivering a copy thereof to him. The notice and return were then filed in the office of the county treasurer, and after the expiration of ninety days from the date of such filing the deed was executed, the sheriff’s return…

2Cited by9 opinions

  1. Modern Heat & Power Co. v. Bishop Steamotor Corp.Supreme Court of Iowa · 1948
  2. Geil v. BabbSupreme Court of Iowa · 1932
  3. Galleger v. DuhiggSupreme Court of Iowa · 1934
  4. Rector v. MaloneySouth Dakota Supreme Court · 1901
  5. Weller v. PlattSouth Dakota Supreme Court · 1914

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