Boardman v. Bourne
Supreme Court of Iowa
Appeal from, Marshall District Court Right. — Plaintiff relies upon a tax title. To maintain his case he offered in evidence three deeds made by the county treasurer to Abell and Woodbury (his grantors), executed in October, 1863, under a tax sale made in I860, for the delinquent taxes of 1859. Two of these deeds purport to convey each two, and the third fourteen distinct tracts of land, and each contained one of the parcels claimed in this action.
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Appeal from, Marshall District Court Right. — Plaintiff relies upon a tax title. To maintain his case he offered in evidence three deeds made by the county treasurer to Abell and Woodbury (his grantors), executed in October, 1863, under a tax sale made in I860, for the delinquent taxes of 1859. Two of these deeds purport to convey each two, and the third fourteen distinct tracts of land, and each contained one of the parcels claimed in this action. This evidence was objected to, the objection sustained, and its exclusion constitutes the vital question in this case. Plaintiff appeals.
1Opinion of the CourtWright, J.
2. tax deed : “ sale m lump.” Appellant insists that there was error in excluding certain deeds made by Abell and Woodbury to Aim. The questions arising on such deeds, how-n 1 _ ever, are ox secondary importance — the primary one being as to the validity of the collector’s deed, for if plaintiff’s grantors had no title, this ends the controversy.
In each of these deeds we find this language, “ know all men, &c., &c., &c. Whereas, the following described real property, viz.”: (then follows a description of the several tracts of land; in one case over 1,100 acres and in the others two distinct…
2Cases cited2 opinions
- Atkins v. KinnanNew York Supreme Court · 1838
- Morton v. HarrisSupreme Court of Pennsylvania · 1840
3Cited by19 opinions
- Grimm v. O'ConnellCalifornia Supreme Court · 1880
- Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
- Martin v. ColeSupreme Court of Iowa · 1874
- Harper v. SextonSupreme Court of Iowa · 1867
- Bulkley v. CallananSupreme Court of Iowa · 1871
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