Bardsley v. Hines
Supreme Court of Iowa
Appeal from Floyd District Court. This was an action to quiet title to lands of which plaintiff alleged he was the owner in fee simple, and in possession, and that defendants claimed title thereto by tax deed. The defendant answered, claiming title under a decree' of foreclosure on a tax sale of the land, made in 1857, setting out a copy of the decree, the petition and the tax deed. To the answer a demurrer was interposed by plaintiff and sustained by the court.
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Appeal from Floyd District Court. This was an action to quiet title to lands of which plaintiff alleged he was the owner in fee simple, and in possession, and that defendants claimed title thereto by tax deed. The defendant answered, claiming title under a decree' of foreclosure on a tax sale of the land, made in 1857, setting out a copy of the decree, the petition and the tax deed. To the answer a demurrer was interposed by plaintiff and sustained by the court. Defendant appeals.
1Opinion of the CourtMiller, J.
1. Original notice ¡ service by publication. Without setting out the various grounds of demurrer, it is sufficient to remark that it attacked the validity of the decree of foreclosure because of the want of jurisdiction appearing 0T1 face 0f (jeeree. The copies of the petition and decree, annexed to defendant’s answer, show that the proceeding was commenced against the land as defendant, for the July term, 1859, of the Floyd district *158court. The copy of the decree shows that service of notice was ,by publication, and that there was no appearance by any one as defendant. The decree recites that…
2Cases cited2 opinions
- Abell v. CrossSupreme Court of Iowa · 1864
- Robertson v. YoungSupreme Court of Iowa · 1860
3Cited by8 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Mosby ex rel. Mosby v. GisbornUtah Supreme Court · 1898
- Schaller & Son v. MarkerSupreme Court of Iowa · 1907
- Bradley v. JamisonSupreme Court of Iowa · 1877
- Slater v. RocheSupreme Court of Iowa · 1910
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