Kissinger v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie District Court — IIon. A. R.. Thornell, Judge. Action to recover for taxes paid by the holder of the tax- , sale certificate, which was declared void for the reason that the taxes for which the lands described in the certificate were sold were illegally levied. A judgment was rendered for plaintiff, upon a demurrer to defendant’s answer being sustained. Defendant appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges that plaintiff purchased at tax sale certain lands upon which city taxes were levied; that plaintiff paid city taxes upon the lands, which were assessed and levied after the tax sale, and filed with the auditor the proper receipt itherefor, and that subsequently the owner of the lands brought an action against defendant and others, in which a judgment was entered, declaring and holding that the taxes for which the lands were sold were illegal, the lands not being subject to municipal taxation. The defendant answered this petition, alleging that the lands are within the…
2Cited by2 opinions
- Wing v. District Township of Red OakSupreme Court of Iowa · 1891
- Tyler v. CoulthardSupreme Court of Iowa · 1895