Legal Opinion

Tallman v. Cooke

Supreme Court of Iowa

Decided September 25, 1874PublishedCited by 17 opinions

Appeal from Chiohasaw D '•strict Court. This is a suit in equity to redeem certain lands sold for taxes, and afterwards conveyed by tax deed to the purchaser. The plaintiff is still a minor. The lands were sold for taxes, April 2, 1862, and the tax deed was made June 26, 1865, and recorded the next day. In September, 1865, the purchaser sold and conveyed a part of said lands to his co-defendants.

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Appeal from Chiohasaw D '•strict Court. This is a suit in equity to redeem certain lands sold for taxes, and afterwards conveyed by tax deed to the purchaser. The plaintiff is still a minor. The lands were sold for taxes, April 2, 1862, and the tax deed was made June 26, 1865, and recorded the next day. In September, 1865, the purchaser sold and conveyed a part of said lands to his co-defendants. No question is made as to the regularity of the tax sale and deed, nor as to the subsequent payment of taxes by the defendants. The trial was by the first method, and judgment was rendered for the…

1Opinion of the CourtConn, J.

The testimony shows, and respecting it there is no conflict or dispute, that the plaintiff is a minor and was born July 23, 1854; that the lands ih controversy were regularly patented to the grantees by the government, October 15, 1855; that the grantees or patentees duly sold and conveyed the same, by deed of general warranty, to John P. H. Tallman, the father of the plaintiff, on December 10, 1858; that on the 13th day of December, 1858, the father, in consideration of love and affection, and in the presence of two witnesses, duly executed a conveyance of said lands to his son, the…

2Cases cited1 opinion

  1. Burton v. HintragerSupreme Court of Iowa · 1865

3Cited by17 opinions

  1. Newton & Seeley v. BealerSupreme Court of Iowa · 1875
  2. Vaughan v. GodmanIndiana Supreme Court · 1884
  3. Foreman v. ArcherSupreme Court of Iowa · 1906
  4. Nowlen v. NowlenSupreme Court of Iowa · 1904
  5. Abegg v. HirstSupreme Court of Iowa · 1909

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