Easton v. Savery
Supreme Court of Iowa
Appeal from Sioux District Cou/rt. The plaintiff claims to be the absolute owner of certain lands, and asked in his petition that defendants be barred from setting up or claiming any right or title thereto. The title of the plaintiff is based on a tax sale made on the 1st day of November, 1869, for the taxes of 1868. The defendants claim the tax sale and deed to be void.
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Appeal from Sioux District Cou/rt. The plaintiff claims to be the absolute owner of certain lands, and asked in his petition that defendants be barred from setting up or claiming any right or title thereto. The title of the plaintiff is based on a tax sale made on the 1st day of November, 1869, for the taxes of 1868. The defendants claim the tax sale and deed to be void. There was a trial to the court, and judgment rendered in favor of the plaintiff, and the defendants appeal.
1Opinion of the Court
Seevers, Ch. J.
I. It is objected that there was no assessment, and that, therefore, there could be no legal and valid sale of the premises.
*655l. tax sale: evidenceí11 The tax deed is prima facie evidence there was an assessment made at the proper time and manner. McCready v. Sexton & Son, 29 Iowa, 356; Genther v. Fuller, 36 Iowa, 604.
In Early v. Whittingham, 43 Iowa, 162, we held the prima facie case made by the deed, that there had been a levy, was overcome by the introduction of the record of the board of supervisors, which failed to show any levy. It was shown, however, that the records were…
2Cases cited7 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Early v. WhittinghamSupreme Court of Iowa · 1876
- Hill v. WolfeSupreme Court of Iowa · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hintrager v. KieneSupreme Court of Iowa · 1883
- Younker Brothers, Inc. v. ZirbelSupreme Court of Iowa · 1943
- Hawkeye Lumber Co. v. Board of ReviewSupreme Court of Iowa · 1913
- State v. JohnsonOregon Supreme Court · 1916
- Bullis v. MarshSupreme Court of Iowa · 1881
6 more not listed; retrieve them via the Exa API.