Cummings v. Wilson
Supreme Court of Iowa
Appeal from, Wapello Circuit Court. Action in chancery to quiet the title of certain lands in plaintiff. After the filing of the petition the defendants conveyed their interest and claim in the land to plaintiff, and Houston filed a petition of intervention showing that he is the holder of a certificate of purchase of the land at tax sale and that he is entitled to a tax deed, which the treasurer refuses to execute.
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Appeal from, Wapello Circuit Court. Action in chancery to quiet the title of certain lands in plaintiff. After the filing of the petition the defendants conveyed their interest and claim in the land to plaintiff, and Houston filed a petition of intervention showing that he is the holder of a certificate of purchase of the land at tax sale and that he is entitled to a tax deed, which the treasurer refuses to execute. He alleges that the time for redemption has expired and asks that plaintiff be denied the right to redeem from the sale. There was a decree granting the relief prayed for by…
1Opinion of the CourtBeck, J.
I. The material facts of the case are as follows:
1. August 6th, 1877, the intervenor’s assignor purchased the land at tax sale.
2. On the 12th of May, 1880, the intervenor published the notice required by Code, § 894, preliminary to the execution of a tax deed.
3. March 17th, 1881, proof of service of the notice was filed in the proper county office.
When the land was sold for taxes the legal title, which some time before he had held, was not in the plaintiff, but he had an equity therein, based upon the ground that the deed was not to be delivered until the consideration was paid, and its…
2Cases cited2 opinions
- Rice v. NelsonSupreme Court of Iowa · 1869
- Swope v. PriorSupreme Court of Iowa · 1882
3Cited by6 opinions
- Chiesa & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- Swan v. HarveySupreme Court of Iowa · 1902
- Busch v. HallSupreme Court of Iowa · 1903
- Bates v. PabstSupreme Court of Iowa · 1937
- Maxon v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
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