Legal Opinion

Allen v. Armstrong

Supreme Court of Iowa

Decided June 23, 1864PublishedCited by 49 opinions

Appeal from Tama District Court. This action was brought by the plaintiff to recover possession of lots 2 and 3, in block 4, in McRobert’s second addition to the village of Toledo. The plaintiff claimed .under a tax deed, and judgment was rendered in his favor by the Court below. The questions made will appear in the opinion. Defendant appeals. cited 13 How., 472; 1 Scam., 338: 3 Id., 238; 2 Eng.

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Appeal from Tama District Court. This action was brought by the plaintiff to recover possession of lots 2 and 3, in block 4, in McRobert’s second addition to the village of Toledo. The plaintiff claimed .under a tax deed, and judgment was rendered in his favor by the Court below. The questions made will appear in the opinion. Defendant appeals. cited 13 How., 472; 1 Scam., 338: 3 Id., 238; 2 Eng. (Ark), 424; 11 III, 428; 2 G. Greene, 26: 10 Yerg., 70; 2 Pet., 653; 10 Wend., 393; 1 Gilmer, 131; 4 Hill, 140; 4 Barb. S. C. R., 483; 4 Denio, 15; 2 How., 43; 1 Hill, 130. cited 7 Pet., 769 ;…

1Opinion of the CourtDillon, J.

I. On the trial the plaintiff offered in evidence a tax deed for the property in controversy, dated the 11th day of February, 1864, executed by the treasurer of the county of Tama. This deed was in literal compliance with the form prescribed by section 783 of the Revision, was properly acknowledged, and was “admitted by the *510defendant to have been duly executed and recorded.” The defendant objected to its introduction because the plaintiff “ had not first proved the assessment of the property, levy of taxes, and advertisement for sale, &c.”

This objection was overruled, and the defendant…

2Cases cited1 opinion

  1. Pillow v. RobertsSupreme Court of the United States · 1852

3Cited by49 opinions

  1. Meadowcroft v. PeopleIllinois Supreme Court · 1896
  2. Rich Hill Coal Company v. BashoreSupreme Court of Pennsylvania · 1939
  3. McCready v. Sexton & SonSupreme Court of Iowa · 1870
  4. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
  5. Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894

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