Grove v. Benedict
Supreme Court of Iowa
Appeal from Shelby District Gourt. The plaintiff avers in her petition that she is the holder of the patent title to a tract of land in Shelby county; that the same was sold at tax sale in 1872; and that in 1876 a tax deed was executed to the purchaser, and recorded, and that the defendants claim to hold under such deed.
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Appeal from Shelby District Gourt. The plaintiff avers in her petition that she is the holder of the patent title to a tract of land in Shelby county; that the same was sold at tax sale in 1872; and that in 1876 a tax deed was executed to the purchaser, and recorded, and that the defendants claim to hold under such deed. She further avers that no notice of the expiration of redemption was given, and that the tax deed, for that reason, was void; and she asks to be allowed to redeem from the tax sale. The defendants demurred to the petition, upon the ground that the facts stated do not entitle…
1Opinion of the Court
Adams, Oh. J.
The presumption is that the tax deed is valid. Fuller v. Armstrong, 53 Iowa, 683; Tuttle v. Griffin, 64 Id., 455; Meredith v. Phelps, 65 Id., 118. It was incumbent upon the plaintiff to show affirmatively, by her petition, such facts as rendered the tax deed invalid. It was not sufficient to show that no notice of the expiration of redemption was given, but she should have further shown that there was some person who was entitled to notice. She claims that the petition does show that notice should have been given to Joseph A. Grove, as the person in whose name the land was taxed.…
2Cases cited2 opinions
- Fuller v. ArmstrongSupreme Court of Iowa · 1880
- Trulock v. BentleySupreme Court of Iowa · 1885
3Cited by7 opinions
- Bennett v. GreenwaltSupreme Court of Iowa · 1939
- Smith v. HuberSupreme Court of Iowa · 1938
- Bennett v. BowersSupreme Court of Iowa · 1947
- Inter-Ocean Reinsurance Co. v. MorrisonSupreme Court of Iowa · 1939
- Polk County v. BashamSupreme Court of Iowa · 1943
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