Roth v. Munzenmaier
Supreme Court of Iowa
Appeal from Folk District Court. — Hon. O. P. Holmes, J uclge. Suit in equity to foreclose a mortgage. Defendants Munzenmaier claim to be the owners of the patent title to the property, while the administrator and heirs of K. P. Young, deceased, claim under a tax deed issued to one Ourtis in the year 1892, based on a tax sale in the year 1887 for the taxes of the year 1886. The real controversy is between the holders of the tax' title, on the one side, and the mortgagee and…
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Appeal from Folk District Court. — Hon. O. P. Holmes, J uclge. Suit in equity to foreclose a mortgage. Defendants Munzenmaier claim to be the owners of the patent title to the property, while the administrator and heirs of K. P. Young, deceased, claim under a tax deed issued to one Ourtis in the year 1892, based on a tax sale in the year 1887 for the taxes of the year 1886. The real controversy is between the holders of the tax' title, on the one side, and the mortgagee and holder of the patent title, on the other. As. against the tax title, the holders of the patent .title pleaded the…
1Opinion of the CourtDeemer, J.
1 statute ¿f limitations.
2 A •nyTC'R possession: Section 1448 of the Code provided that no action for the • recovery of real property sold for the . nonpayment of taxes shall be brought after five years from the execution and recording of the treasurer’s deed, etc. Under this section, it has been held that the statute begins to run at the tiine when the tax-sale purchaser might have obtained his deed, ■ — that is, three years-from the date of sale, — and that, if no action is brought by such purchaser within five years thereafter, the tax title is extinguished. Innes v. Drexel, 78 Iowa, 253;…
2Cases cited6 opinions
- Shelley v. SmithSupreme Court of Iowa · 1896
- La Rue v. KingSupreme Court of Iowa · 1888
- Innes v. DrexelSupreme Court of Iowa · 1889
- Baird v. LawSupreme Court of Iowa · 1895
- Doud v. BloodSupreme Court of Iowa · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Grosvenor v. OlsonSupreme Court of Iowa · 1972
- Abel v. AbelSupreme Court of Iowa · 1954
- McBride v. CaldwellSupreme Court of Iowa · 1909
- King v. BoltSupreme Court of Iowa · 1911
- Harnden v. FitchWyoming Supreme Court · 1939