Gallaher v. Head
Supreme Court of Iowa
Appeal from Greene District Gourt. — HoN. S. M. Elwood,. Judge. This action, wbicb is at law, involves the title to forty-acres of land. There was a trial to court, and judgment for plaintiff. Defendants appeal.
1Opinion of the CourtWatermabt, J.
1 Plaintiff’s claim is based upon a tax title. The tax sale under which she claims was had December 3, 1888. The deed was issued June J, 1892, and recorded the same day. This action was begun December 23, 1896. The principal question involved is whether the action was barred by the statute of limitations. Plaintiff was entitled to a deed December 3, 1891. The five-year limitation of the statute would expire December 3, 1896. The general rule is that the statute begins to run from the time the purchaser is entitled to a deed. Innes v. Drexel, 78 Iowa, 253; La Rue v. King, 74 Iowa, 288. It has…
2Cases cited6 opinions
- Lucas v. HartSupreme Court of Iowa · 1857
- Mcnamee v. MorelandSupreme Court of Iowa · 1868
- La Rue v. KingSupreme Court of Iowa · 1888
- Emerson & Co. v. ConverseSupreme Court of Iowa · 1898
- Griffin v. TurnerSupreme Court of Iowa · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lohr v. GeorgeWest Virginia Supreme Court · 1909
- Shawyer v. ChamberlainSupreme Court of Iowa · 1900
- Graham v. Mutual Realty Co.North Dakota Supreme Court · 1911