Legal Opinion

Weaver v. Grant

Supreme Court of Iowa

Decided September 24, 1874PublishedCited by 12 opinions

Appeal from Henry District Gourt. Action at law to recover the possession of certain town lots. The petition-sets up plaintiff’s title in the following language: “ That the defendant has been a long time, for ten years or more,., a resident of what is now the said town of Rome, and has, during that time,, owned 'therein a tract of land on which is' a dwelling house, and on which he has, during that time, actually resided as his home; and, also, occupied thereon' a blacksmith…

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Appeal from Henry District Gourt. Action at law to recover the possession of certain town lots. The petition-sets up plaintiff’s title in the following language: “ That the defendant has been a long time, for ten years or more,., a resident of what is now the said town of Rome, and has, during that time,, owned 'therein a tract of land on which is' a dwelling house, and on which he has, during that time, actually resided as his home; and, also, occupied thereon' a blacksmith shop; that that tract of land-is now known by the assessor of the said town by the description of lots 2 and 3- in…

1Opinion of the CourtBeck, J.

¥e have repeatedly held that the sale together, as one tract, of separate and distinct parcels of land for taxes, is invalid, and we have no inclination to- modify or depart, .from *296this rule so often recognized. and so well founded, as we believe, upon a true construction of the statute upon that subject'. The sole question for determination in this case is whether the rule is applicable to the facts set up in the petition.

It is plain that the usual, most convenient, or even neces-. sary description of a body of land will not always alone determine whether it is to be regarded as one or more…

2Cited by12 opinions

  1. Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
  2. Farnham v. JonesSupreme Court of Minnesota · 1884
  3. Roth v. GabbertSupreme Court of Missouri · 1894
  4. Cooper v. MillerCalifornia Supreme Court · 1896
  5. Guerguin v. City of San AntonioCourt of Appeals of Texas · 1898

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