Easton v. Mawkinney
Supreme Court of Iowa
Appeal from Wmneskeik District Court. Friday, December 12. Action by ordinary proceedings for the recovery of real property • — ■ the south-west quarter of the south-east quarter of section 18, township 96, in range 10 west. The petition is in the usual form, and the plaintiff claims that he is the absolute owner in fee, and has the right of immediatepossession, which the defendant wrongfully withholds.
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Appeal from Wmneskeik District Court. Friday, December 12. Action by ordinary proceedings for the recovery of real property • — ■ the south-west quarter of the south-east quarter of section 18, township 96, in range 10 west. The petition is in the usual form, and the plaintiff claims that he is the absolute owner in fee, and has the right of immediatepossession, which the defendant wrongfully withholds. The answer denies each allegation of the petition, and for equitable defense avers ownership in defendant; that plaintiff only claims title by virtue of a tax deed based on a sale made…
1Opinion of the CourtCole, J.
Upon tbe trial of tbe equitable issue, tbe defendant made proof of a regular chain of title to himself from the government; he then introduced a witness who testified as follows: I attended the tax sale in Winnesheik county, November 2, 1863. AH the bidders formed a ring, and each took a piece as his turn came, alternately, until the entire list was exhausted. The plaintiff was there and made bids at the sale and there were no lands sold in any other manner. Another witness testified substantially the same, and added further that lie “ kept the tally list of the ring and called the names off,…
2Cited by2 opinions
- Springer v. BartleSupreme Court of Iowa · 1877
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