Harper v. Sexton
Supreme Court of Iowa
Appeal from Dallas District Court. Suit in equity by plaintiffs, wbo are the owners of a certain eighty acres of land lying in Dallas county, to set aside a tax deed thereof, held by the defendants. The petition avers seriatwi and in detail, -a failure by'the officers of the law to comply with any of the several steps prescribed by statute, in order to a regular tax sale of the land in controvers,y.
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Appeal from Dallas District Court. Suit in equity by plaintiffs, wbo are the owners of a certain eighty acres of land lying in Dallas county, to set aside a tax deed thereof, held by the defendants. The petition avers seriatwi and in detail, -a failure by'the officers of the law to comply with any of the several steps prescribed by statute, in order to a regular tax sale of the land in controvers,y. It is then averred that the sale was void, because of actual fraud; and the petition sets out the' acts of the treasurer and defendants, upon which the allegation of 'fraud is based — such as, the…
1Opinion of the CourtCole, J.
We do not feel called upon to pass upon the question of fact determined by the District Court, to wit: as to whether there was actual fraud in the sale of the plaintiffs’ land for taxes, as claimed by the petition; and this for the reason that the judgment must bo affirmed upon another and very clear principle of equity and rule of equity practice.
1. Tax sales: defective deed. The tax deed in this case is the same in substance as the deeds in the case of Boardman v. Bourne (20 Iowa, 134), and in Byam v. Cook (21 Id.), and almost identical in language with the latter. For the reasons stated in…
2Cases cited1 opinion
- Boardman v. BourneSupreme Court of Iowa · 1865
3Cited by16 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
- In Re Estate of JohnsonSupreme Court of Iowa · 1943
- Martin v. ColeSupreme Court of Iowa · 1874
- Wilmer v. FarrisSupreme Court of Iowa · 1875
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