Iowa Railroad Land v. County of Sac
Supreme Court of Iowa
Appeals from the Sae District Court. These suits a.re instituted for the purpose of enjoining-the defendants from selling the lands of plaintiff for alleged delinquent taxes for the years 1870 and 1871, which plaintiff avers are illegal. In the first case defendants answered, denying the allegations of the petition, and on a trial a decree was rendered for defendants. In the second case the court rendered a decree for defendants on a demurrer to the petition.
Read the full summary
Appeals from the Sae District Court. These suits a.re instituted for the purpose of enjoining-the defendants from selling the lands of plaintiff for alleged delinquent taxes for the years 1870 and 1871, which plaintiff avers are illegal. In the first case defendants answered, denying the allegations of the petition, and on a trial a decree was rendered for defendants. In the second case the court rendered a decree for defendants on a demurrer to the petition. Plaintiff appeals in each case. The causes were argued and submitted together. The material facts appear in the opinion.
1Opinion of the Court
Miller, Ch. J.
The plaintiff in these suits alleges that it has paid all the taxes legally chargeable and levied upon its property for the years 1870 and 1871, and complains that certain illegal taxes have been levied thereon, and that the treasurer of the county is about to sell the plaintiff’s lands for such illegal taxes and costs charged thereon, and asks that such sale may be enjoined.
I. The first tax complained of as illegal is the road tax for 1870.
The defendant gave in evidence the following extract from the records of the township trustees of oue of the townships of the county, viz:
“…
2Cases cited6 opinions
- Coy v. City Council of Lyons CitySupreme Court of Iowa · 1864
- Clark, Dodge & Co. v. City of DavenportSupreme Court of Iowa · 1863
- Coffin v. City CouncilSupreme Court of Iowa · 1868
- Porter v. ThomsonSupreme Court of Iowa · 1867
- Oswald v. ThedingaSupreme Court of Iowa · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Grand Island & Northern Wyoming Railroad v. BakerWyoming Supreme Court · 1896
- Larkin v. SaffaransDistrict Court, W.D. Tennessee · 1883
- Clay County v. McAleerSupreme Court of the United States · 1885
- Huff v. CookSupreme Court of Iowa · 1876
- S. C. & St. P. R. Co. v. County of OsceolaSupreme Court of Iowa · 1876
10 more not listed; retrieve them via the Exa API.