Oliver v. Montgomery
Supreme Court of Iowa
Appeal from Woodbwry District Court. .■ From tbe year 1855 until the 28th of April, 1865, the plaintiff and William Montgomery and Daniel Rider were tenants in common of the equitable title to certain lots in Sioux City, the legal title being in Daniel Rider, At a tax sale begun on the first Monday of October, 1860, George Weare purchased all of said lots for the delinquent taxes of 1859, and a part of them also for the delinquent taxes of1857 and 1858. On the 4th of…
Read the full summary
Appeal from Woodbwry District Court. .■ From tbe year 1855 until the 28th of April, 1865, the plaintiff and William Montgomery and Daniel Rider were tenants in common of the equitable title to certain lots in Sioux City, the legal title being in Daniel Rider, At a tax sale begun on the first Monday of October, 1860, George Weare purchased all of said lots for the delinquent taxes of 1859, and a part of them also for the delinquent taxes of1857 and 1858. On the 4th of January, 1861, George Weare assigned his certificate of purchase to William Montgomery, to whom a treasurer’s deed was executed…
1Opinion of the CourtDay, J.
i bes adjxt§ttauAjucig-' meat. We do not deem it necessary in this case to determine whether in any case and under any circumstance, a tenant ™ coinmon may acquire a tax title, and set it up against his co-tenants. At the time of instituting the partition proceedings William Montgomery held the deeds of the Marshal of Sioux City for all the lands which were the subject of the partition suit. lie commenced his action for partition, and made no claim of title in virtue of these tax deeds. Upon the contrary he conceded that the other parties owned an undivided interest in the lots then the…
2Cited by8 opinions
- Schnuettgen v. MathewsonSupreme Court of Iowa · 1929
- Rippe v. BadgerSupreme Court of Iowa · 1904
- Kazebeer v. NunemakerNebraska Supreme Court · 1908
- Kenyon v. WilsonSupreme Court of Iowa · 1889
- Crouse v. CrouseSupreme Court of Iowa · 1935
3 more not listed; retrieve them via the Exa API.