Litchfield v. County of Polk
Supreme Court of Iowa
Appeal from the Polh District Court. In equity : Des Moines river grant, titles, &c. — The petition alleges that the plaintiff is the owner of three certain tracts of real estate, “ lying within five miles of the Des Moines river and north of the Raccoon Porks.”
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Appeal from the Polh District Court. In equity : Des Moines river grant, titles, &c. — The petition alleges that the plaintiff is the owner of three certain tracts of real estate, “ lying within five miles of the Des Moines river and north of the Raccoon Porks.” That the plaintiff acquired bis title May 7, 1860, by deed from the Des Moines Navigation -and Railroad Company; that the said company acquired title by deed from the State, May 8, 1858; that the State had no title until the passage of the joint resolution of Congress of March 2, 1861, whereby the State acquired title to the lands…
1Opinion of the CourtDillon, J.
This action of tbe court was, under tbe circumstances of the case, proper.
1. Injunction: sale for taxes. Where the plaintiff is the undisputed owner of land, he is frequently allowed to file a bill to restrain an illegal sale thereof for taxes, grounding his right to relief upon the unauthorized proceedings of publie officers. And even in such ease there are not wanting respectable authorities that relief cannot be had by bill in chancery to enjoin tbe sale. Blackw. on Tax Titles, chap. 84, p. 563; and for full discussion of this subject, see Macklot v. City of Davenport, 17 Iowa, 379.
If a…
2Cases cited2 opinions
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Fowler v. DoyleSupreme Court of Iowa · 1864
3Cited by6 opinions
- Tod v. CrismanSupreme Court of Iowa · 1904
- Brockman v. City of CrestonSupreme Court of Iowa · 1890
- Woodbine Savings Bank v. TylerSupreme Court of Iowa · 1917
- Stroup v. BridgerSupreme Court of Iowa · 1904
- Rood v. Board of SupervisorsSupreme Court of Iowa · 1874
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