Legal Opinion

Gates v. Wirth

Supreme Court of Iowa

Decided June 18, 1917PublishedCited by 13 opinions

Appeal from Jasper District Court. — Henry Silwolb, Judge. Action by the remainderman against a life tenant to recover for taxes assessed but not levied during the existence of the life tenancj. After the expiration of the life tenancy, the plaintiff, the remainderman, paid the tax, and now seeks to recover from, the life tenant the -amount paid. Judgment for the plaintiff in the court below. Defendant appeals. Opinion states the facts.

1Opinion of the CourtGaxnor, C. J.

rife estates: tuxes * levies after ‘termination of esfiawe wb0 Defendant was the owner of a life estate in a tract of farm land, consisting of about 240 acres. The N ° continuance of his estate rested upon the life of one A. G. Gates. . Gates died August 15, 1913, thereby terminating the life estate. The plaintiff is the remainderman. The life tenant failed to pay the taxes for the year 1913. The land went to sale, and the remainderman redeemed from the sale, and then brought suit against the life tenant for the amount paid in redeeming it. The land was listed and assessed in January, 1913,…

2Cases cited3 opinions

  1. Heaton v. KnightSupreme Court of Iowa · 1883
  2. Adams v. SnowSupreme Court of Iowa · 1884
  3. Penn's Ex'r v. Penn's Ex'rCourt of Appeals of Kentucky · 1905

3Cited by13 opinions

  1. Rigsbee v. . BrogdenSupreme Court of North Carolina · 1936
  2. In Re Estate of LukeSupreme Court of Iowa · 1971
  3. Helvering v. Johnson County Realty Co.Court of Appeals for the Eighth Circuit · 1942
  4. Merv E. Hilpipre Auction Co. v. Solon State BankSupreme Court of Iowa · 1984
  5. Frankel v. BlankSupreme Court of Iowa · 1927

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