Legal Opinion

Sibley v. Bullis

Supreme Court of Iowa

Decided April 26, 1875PublishedCited by 13 opinions

Appeal from, Howard District Court. This is a suit in equity to quiet the title in plaintiff to the SW. i of Sec. 29, Tp. 100, E. 12, west. The plaintiff is the grantee and owner of the patent title. The defendant, M. E. Doolittle, bought the land at tax sale, in October, 1865, and took the- treasurer’s certificate of purchase; in September, 1868, he sold and assigned the certificate to the defendant, Lydia J..

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Appeal from, Howard District Court. This is a suit in equity to quiet the title in plaintiff to the SW. i of Sec. 29, Tp. 100, E. 12, west. The plaintiff is the grantee and owner of the patent title. The defendant, M. E. Doolittle, bought the land at tax sale, in October, 1865, and took the- treasurer’s certificate of purchase; in September, 1868, he sold and assigned the certificate to the defendant, Lydia J.. Travel, who received four separate deeds therefor, made by tbe treasurer to ber in November, 1868; in August, 1869, sbe conveyed to tbe defendant, Jane Doolittle; in Sept;, 1869, sbe…

1Opinion of the CourtCole, J.

Tbe plaintiff is tbe grantee and owner of tbe patent title; and tbe purchaser at the tax sale was guilty of 1. tax sale : fraud. fraud, for that be was a party to a combination to prevent competition in bidding at the sale. Kerwen v. Allen, 31 Iowa, 578. But it further appears from tbe evidence, and we so find, that tbe. purchaser at tbe tax sale assigned tbe certificate of purchase to a third person, who purchased the same in good faith, for a valuable consideration, and without any notice of tbe fraudulent combination at tbe sale; and that, after procuring tax deeds thereon, sbe sold and…

2Cases cited5 opinions

  1. Van Shaack v. RobbinsSupreme Court of Iowa · 1873
  2. Rogers v. HusseySupreme Court of Iowa · 1873
  3. Bulkley v. CallananSupreme Court of Iowa · 1871
  4. Kerwer v. AllenSupreme Court of Iowa · 1871
  5. Ware v. LittleSupreme Court of Iowa · 1872

3Cited by13 opinions

  1. Wightman v. SpoffordSupreme Court of Iowa · 1881
  2. Mohr v. JoslinSupreme Court of Iowa · 1913
  3. Wilson v. IrishSupreme Court of Iowa · 1883
  4. McBride v. CaldwellSupreme Court of Iowa · 1909
  5. Rust Land & Lumber Co. v. WheelerCourt of Appeals for the Eighth Circuit · 1911

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