McCash v. Penrod
Supreme Court of Iowa
Appeal from Lee District Court.— Hon. Henry Bank, Jr., Judge. Suit in equity to quiet plaintiffs title to an outlot in section 1, township 68, range 3, in Lee county, Iowa. Plaintiff claims title under a tax deed and by adverse possession. Defendant denies plaintiff’s title, and claims ownership in virtue of a warranty deed from One • Sourwine.
Read the full summary
Appeal from Lee District Court.— Hon. Henry Bank, Jr., Judge. Suit in equity to quiet plaintiffs title to an outlot in section 1, township 68, range 3, in Lee county, Iowa. Plaintiff claims title under a tax deed and by adverse possession. Defendant denies plaintiff’s title, and claims ownership in virtue of a warranty deed from One • Sourwine. He further avers that plaintiff’s tax deed is of no validity, because no taxes were due upon the land when the sale was made, because plaintiff was not the owner of the certificate of sale when the deed was made, because no notice of the expiration of…
1Opinion of the Court
Deemer, J.—
1. Action TO quit ofTpIfoof’Uden limitation. Plaintiff holds a tax deed for the lot m controversy, regular upon its face, issued by the treasurer of Lee county, Iowa, on October 24, 1885. This makes out a Pr^ma facie case for him, and the burden is upon defendant to establish its invalidity, Even if this be established, plaintiff may show title by adverse possession, even under a void tax deed. If the tax deed be simply-irregular, and not void, plaintiff is entitled to a decree for the reason that defendant’s attack upon the deed is barred by section 1448 of the Code, which forbids…
2Cases cited12 opinions
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1888
- Soukup v. Union Investment Co.Supreme Court of Iowa · 1892
- Trulock v. BentleySupreme Court of Iowa · 1885
- Tremaine v. WeatherbySupreme Court of Iowa · 1882
- Swan v. WhaleySupreme Court of Iowa · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bennett v. GreenwaltSupreme Court of Iowa · 1939
- Engelson v. MalleaSupreme Court of Iowa · 1970
- Mahaska County v. BennettSupreme Court of Iowa · 1911
- Bennett v. BowersSupreme Court of Iowa · 1947
- Larsen v. CadySupreme Court of Iowa · 1979
3 more not listed; retrieve them via the Exa API.