Ellis v. Peck
Supreme Court of Iowa
Appeal from Benton Circuit Court. Action in chancery to set aside a tax sale and deed made thereon, on the ground of fraud, to quiet plaintiff’s title to the lands described in the deed, and to recover possession of the property. The cause was submitted, upon, an agreed statement of facts, to the court and a decree was rendered dismissing plaintiff’s petition. He now appeals to this court. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
i. tax sale: §eputyStreasul'e1' I. It must be admitted that the sale of the lands for taxes, under which defendants claim title, was fraudulent an^ v°id under Code, § 885. Eev. § 775. The ^acts which bring it within the provision of this ■ statute are these: The record of the tax sale shows that the land was sold to B. E. Sherman. It appears from the agreed statement of facts that Sherman was not at the tax sale, and did not bid on the land but that the deputy treasurer, who conducted the sale, entered it upon the book as having been made to Sherman, without his knowledge and consent. The…
2Cases cited3 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Van Shaack v. RobbinsSupreme Court of Iowa · 1873
- Early v. WhittinghamSupreme Court of Iowa · 1876
3Cited by9 opinions
- Ashby v. CommissionerUnited States Tax Court · 1961
- Kirk v. St. Thomas' ChurchSupreme Court of Iowa · 1886
- Barr v. RandallSupreme Court of Kansas · 1886
- Waggoner v. MannSupreme Court of Iowa · 1891
- Smithberg v. ArcherSupreme Court of Iowa · 1899
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