Bolinger v. Henderson
Supreme Court of Iowa
■ Appeal from Marshall District Court. This is an application in equity to redeem lot 5, in block 21, in Marshalltown, from a tax sale made in 1862, for the delinquent taxes of 1861, and also to remove a cloud, etc. The defendant, holding the title as well as the possession under said sale, is made a party; and upon his motion, a certain portion of the petition was stricken out as containing irrelevant and redundant matter. From this action of the court the appeal comes.
1Opinion of the Court
Lowe, Ch. J.
1. taxes and redemption, In order to determine whether the court did right or wrong .in sustaining the motion m question, it will be necessary to state concisely the substance of the petition,-'that it may be seen what was the matter stricken therefrom,' and the relation it bore to the plaintiff’s cause of action.
The statement is, that the plaintiff was a non-resident of the State; that in the year 1856 he became the legal owner of the lot in question; that he had an agent here to pay taxes, and that he remitted funds to him for that purpose; that in January, 1865, he learned the…
2Cases cited1 opinion
- White v. KiddNew York Supreme Court · 1849
3Cited by7 opinions
- Corning Town Co. v. DavisSupreme Court of Iowa · 1876
- Seaton v. GrimmSupreme Court of Iowa · 1899
- Johns v. PatteeSupreme Court of Iowa · 1881
- Estate of McMurray v. McMurraySupreme Court of Iowa · 1899
- Conklin v. CullenMontana Supreme Court · 1903
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