Burdick v. Connell
Supreme Court of Iowa
Appeal from, Sioux Circuit Court. Action in equity to quiet in plaintiffs the title to a quarter section of land. The land was sold for delinquent taxes at the annual tax sale in 1878, and in December, 1882, the treasurer executed to plaintiff James II. Easton, a tax deed therefor, and since that date he has made a conveyance of an undivided one-half thereof to the plaintiff J. W. Burdick.
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Appeal from, Sioux Circuit Court. Action in equity to quiet in plaintiffs the title to a quarter section of land. The land was sold for delinquent taxes at the annual tax sale in 1878, and in December, 1882, the treasurer executed to plaintiff James II. Easton, a tax deed therefor, and since that date he has made a conveyance of an undivided one-half thereof to the plaintiff J. W. Burdick. Defendant alleges in his answer that the treasurer had no power or authority to execute said deed, for the reason that no notice was served on the person to whom the land was taxed at the time when the…
1Opinion of the CourtReed, J.
The only evidence of the service of notice to redeem, on file in the treasurer’s office where the tax deed was executed, was the affidavit of J. J. Bell, in which he swore that he was t'he attorney of James H. Easton, the holder of the certificate of purchase, and that a notice, a copy of which was attached to the affidavit, had been published three times in a newspaper published in the county, after the expiration of two years and nine months from the date of the sale. This notice was directed to Susan J. Pitts and O. B. Ayers. The land was not taxed to either of these persons for the year…
2Cases cited1 opinion
- Fuller v. ArmstrongSupreme Court of Iowa · 1880
3Cited by3 opinions
- Sweigle v. GatesNorth Dakota Supreme Court · 1900
- Trujillo v. DimasNew Mexico Supreme Court · 1956
- Griffin v. TuttleSupreme Court of Iowa · 1888