Peck v. Sexton & Son
Supreme Court of Iowa
Appeal from Warren District Court. This is an action to set aside a tax deed and to quiet plaintiff’s title to certain lands: The undisputed facts are as follows: One James Laverty entered the land in 1818, and in 1850 he conveyed it to the plaintiff, who is now, and for more than twenty years has been, in the open possession thereof.
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Appeal from Warren District Court. This is an action to set aside a tax deed and to quiet plaintiff’s title to certain lands: The undisputed facts are as follows: One James Laverty entered the land in 1818, and in 1850 he conveyed it to the plaintiff, who is now, and for more than twenty years has been, in the open possession thereof. The plaintiff introduced tax receipts showing the payment of taxes on said land from the year 1852 to the year 1874, both inclusive, with the exception of the years 1860, 1861 and 1862. Plaintiff also introduced tax receipts for the last named three years,…
1Opinion of the Court
Day, J. —
Section 902 of the Code of 1873 provides that • “no action for the recovery of real property sold for the nonpayment of taxes shall lie, unless the same be brought within five years after the treasurer’s deed is executed and recorded.”
*568i. tax deed: . session6 sions. This is substantially the same as section 790 of the Revision, construed in Brown & Sully v. Painter, 38 Iowa, 456, which case holds that where the original owner of the laT1d remains in the open, actual, adverse possession 0£ 2aB(j for the period of five years after recording the tax deed, this section bars the action of…
2Cases cited4 opinions
- Crooke v. . AndrewsNew York Court of Appeals · 1869
- Newell v. . WheelerNew York Court of Appeals · 1872
- Standish v. DowSupreme Court of Iowa · 1866
- Brown v. PainterSupreme Court of Iowa · 1874
3Cited by10 opinions
- Faught v. FaughtIndiana Supreme Court · 1884
- Branting v. Salt Lake CityUtah Supreme Court · 1915
- Smith v. HuberSupreme Court of Iowa · 1938
- Shawler v. JohnsonSupreme Court of Iowa · 1879
- Stearns Coal & Lumber Co. v. PattonTennessee Supreme Court · 1915
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