Case v. Albee
Supreme Court of Iowa
Appeal from General Term, Twelfth District (Floyd County). Action at law to recover possession of forty acres of land. The petition is in the usual form, and was filed May 7,1869. Answer: 1. In denial. 2. Setting up title in the defendant under a tax deed, dated and recorded in November, 1863, and claiming the benefit of the five years’ limitation provided for in section 790 of the Revision.
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Appeal from General Term, Twelfth District (Floyd County). Action at law to recover possession of forty acres of land. The petition is in the usual form, and was filed May 7,1869. Answer: 1. In denial. 2. Setting up title in the defendant under a tax deed, dated and recorded in November, 1863, and claiming the benefit of the five years’ limitation provided for in section 790 of the Revision. The answer contains no allegation as to possession of the property during the five years. The tax deed was in the form prescribed by the statute. Rev. § 783. It recited a sale of the land, November 5,…
1Opinion of the Court
Dillon, Ch. J.
*279^tatate of”: limitation. *278—I. On the trial, the plaintiff traced his title in himself from the United States, and rested. The *279defendant, against the plaintiff’s objection, then pUt jn evidence his tax deed, dated and recorded more than five years prior to the commencement of the present action. Defendant rested. Thereupon, the plaintiff offered in evidence the assessment books for 1858 and 1859, “ to prove by said book, that the said land was never assessed or listed therein, in any manner whateverand offered to prove, by oral and documentary evidence, “that the board of…
2Cases cited1 opinion
- McNamara v. EstesSupreme Court of Iowa · 1867
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- Maxson v. HustonSupreme Court of Kansas · 1879
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