Ellsworth v. Cordrey
Supreme Court of Iowa
Appeal from Hardin Circuit Court. This is an action in equity, brought by tbe plaintiff to quiet bis title to 120 acres of land in "Wright county. The plaintiff’s .claim of title is based upon certain tax sales and treasurer’s deeds. The defendant was the owner of the land under the patent title, and claims that the plaintiff’s tax deeds are void. The cause was referred to a referee to try and determine.
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Appeal from Hardin Circuit Court. This is an action in equity, brought by tbe plaintiff to quiet bis title to 120 acres of land in "Wright county. The plaintiff’s .claim of title is based upon certain tax sales and treasurer’s deeds. The defendant was the owner of the land under the patent title, and claims that the plaintiff’s tax deeds are void. The cause was referred to a referee to try and determine. A report was made to the court, which awarded to, the plaintiff forty acres, and to the defendant eighty acres of the land. Exceptions were filed to the report, and the court modified the…
1Opinion of the CourtRothrock, J.
1. Tax Sale and Deed: agent op owner cannot acquire tax title: nor can his assignee. I. It appears from the evidence that the defendant was a non-resident of the state, and R. H. Eastman & Co. were land and tax-paying agents at Clarion, the county seat of Wright county, and had defendant’s name on their customers’ books as 0ne ot those tor whom they acted as agents m the payment of taxes, and that the land in controversy was assessed in the name of the defendant. A sale of the land was had for the taxes of the year 1874, and Eastman &. Co. made redemption from that sale with money sent to…
2Cases cited2 opinions
- Everett v. BeebeSupreme Court of Iowa · 1873
- American Missionary Ass'n v. SmithSupreme Court of Iowa · 1882
3Cited by10 opinions
- Steinbeck v. Bon Homme Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Stoddard v. SloanSupreme Court of Iowa · 1885
- Hintrager v. McElhinnySupreme Court of Iowa · 1900
- Stevens v. MurphySupreme Court of Iowa · 1894
- Dana v. Duluth Trust Co.Wisconsin Supreme Court · 1898
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