Rice v. Bates
Supreme Court of Iowa
Appeal from Adair Circuit Court. Action in equity to cancel and set aside two tax deeds, and establish plaintiff’s right to redeem the land covered thereby from the tax sale under which they were executed. The ground upon which the relief is demanded is that no legal proof of the service of notice to redeem the land from said tax sale was on file in the office of the county treasurer when the tax deeds were executed.
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Appeal from Adair Circuit Court. Action in equity to cancel and set aside two tax deeds, and establish plaintiff’s right to redeem the land covered thereby from the tax sale under which they were executed. The ground upon which the relief is demanded is that no legal proof of the service of notice to redeem the land from said tax sale was on file in the office of the county treasurer when the tax deeds were executed. In a cross-petition filed by the defendants, they allege that the land was sold for delinquent taxes on the first day of November, 1875, and defendant Ayres was the purchaser;…
1Opinion of the CourtReed, J.
i. tax sale proof of servicg of notice to redeem: by whom made. It is not claimed that Ayres acquired the title under the deed executed by the treasurer in 1878. There was no competent evidence of the service of the notice to redeem on file in the treasurer’s office when that deed was executed; hence the right to 7 ° redeem the land from the sale had not expired, and the treasurer did not have authority to execute a deed. American Missionary Ass'n v. Smith, 59 Iowa, 704.
Appellant contends that the deed which was executed in 1883 was also given without authority, for the following rea*395sons: (1)…
2Cases cited2 opinions
- Williams v. HeathSupreme Court of Iowa · 1867
- American Missionary Ass'n v. SmithSupreme Court of Iowa · 1882
3Cited by9 opinions
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Shelley v. SmithSupreme Court of Iowa · 1896
- Patterson v. MaySupreme Court of Iowa · 1947
- Hintrager v. McElhinnySupreme Court of Iowa · 1900
- Witmer v. GibbsSupreme Court of Iowa · 1944
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