Legal Opinion

Gould v. Thompson

Supreme Court of Iowa

Decided March 22, 1877PublishedCited by 5 opinions

Appeal from Decatur Circuit Court. Action in chancery to recover certain land and quiet the title thereof in plaintiff. The defendants claim title under a tax sale and deed.

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Appeal from Decatur Circuit Court. Action in chancery to recover certain land and quiet the title thereof in plaintiff. The defendants claim title under a tax sale and deed. There was a decree quieting the title in plaintiff and awarding him possession of the land and a judgment rendered against him for the value of the improvements made on the land by defendants, and for the amount expended by them in the purchase at the tax sale and in payment of taxes and for the penalty aiid interest thereon, as well as costs of the suit. Roth parties appeal.

1Opinion of the Court

Reck, <L

I. The lands in controversy, with other tracts, were sold for taxes en masse and a deed, so reciting the' sale, was executed to the purchaser. Subsequently another deed was executed upon the same sale, reciting that the lands were sold in parcels as required by law. The defendants claim title under the second deed. The sale as made, and the first deed, were void and did not convey the title to the land, under frequent decisions of this court.

i tax deed etteetof. It is insisted by defendants that as the second deed recites a lawful sale of the property it is conclusive evidence of such…

2Cases cited1 opinion

  1. McCready v. Sexton & SonSupreme Court of Iowa · 1870

3Cited by5 opinions

  1. Webber v. WannemakerSupreme Court of Colorado · 1907
  2. Darling v. ChristensenOregon Supreme Court · 1940
  3. Davis v. Minnesota Baptist Convention of MinneapolisWyoming Supreme Court · 1932
  4. Gallash v. WillisMontana Supreme Court · 1931
  5. Miller v. NobleSupreme Court of Oklahoma · 1916

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