Burke v. Jeffries
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Defendants made td plaintiff a deed, with the usual covenants, dated March 21,1864. This action was brought for a breach of said covenant, arising as follows: In 1861, the property (situated in the city of Council Bluffs) was sold for the taxes of 1860, and prior years, under “an act entitled an act to amend the charter of the city of Council Bluffs, approved January 23,1857,” and a deed made in pursuance thereof, by the mayor of…
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Appeal from Pottawattamie District Court. Defendants made td plaintiff a deed, with the usual covenants, dated March 21,1864. This action was brought for a breach of said covenant, arising as follows: In 1861, the property (situated in the city of Council Bluffs) was sold for the taxes of 1860, and prior years, under “an act entitled an act to amend the charter of the city of Council Bluffs, approved January 23,1857,” and a deed made in pursuance thereof, by the mayor of said city. Defendants demurred to the petition upon the ground that the tax sale was invalid, inasmuch as it and all the…
1Opinion of the CourtWright, J.
i. Munich?poea-b' revenue, This case involves the single question, whether the authorities of Council Bluffs city, in the levy and assessment of city taxes and tax sales thereunder, in 1861, were to be governed by the provisions of their local charter, or whether the general act upon this subject, “approved March 23, 1858,” governs and controls. For it is conceded, that if *147the latter act governs, the sale for taxes was invalid, and there was no incumbrance upon plaintiff’s title, and no breach of the covenants contained in defendant’s deed. And following these concessions would be the…
2Cases cited1 opinion
- Whiting v. City of Mount PleasantSupreme Court of Iowa · 1861
3Cited by8 opinions
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- City of Cedar Rapids v. MarshallSupreme Court of Iowa · 1925
- Town of Decorah v. BullisSupreme Court of Iowa · 1868
- Towns v. City of Sioux CitySupreme Court of Iowa · 1932
- Fowler v. Board of TrusteesSupreme Court of Iowa · 1931
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