Plympton v. Sapp
Supreme Court of Iowa
Appeal from, Pottawattamie District Court. Action to quiet title to lot 3 in block 10 of Bayliss’ First Addition to the city of Council Bluffs. The plaintiff avers that he holds the fee title to the lot, and has the right to the immediate possession thereof, by virtue of a tax deed. The defendant, Sapp, for answer avers that' he holds a mortgage upon the property executed prior to the execution of the tax deed.
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Appeal from, Pottawattamie District Court. Action to quiet title to lot 3 in block 10 of Bayliss’ First Addition to the city of Council Bluffs. The plaintiff avers that he holds the fee title to the lot, and has the right to the immediate possession thereof, by virtue of a tax deed. The defendant, Sapp, for answer avers that' he holds a mortgage upon the property executed prior to the execution of the tax deed. He also avers that tbe lot in question, together with the north half of lot four in the same block, constituted for many years the owner’s homestead, and was such at the time the tax…
1Opinion of the Court
Adams, Oh. J.
i. kjsading : tax sale: cletense to. — Whether’the assessment should, be held invalid- because made of a part of a piece of property upon which a character of unity had been so distinctly ...... - ,. , . . and visibly impressed, is a question which presents some embarrassing considerations. Possibly it should not, but we do not now determine the question.
The answer avers that the sale “'was held upon the 17th day of March, 1870, a day not authorized by law therefor.” A sale must be made at the time fixed by law, or at a time to which it is regularly adjourned. Butler v. Delano,…
2Cases cited1 opinion
- Goodenow v. PerrySupreme Court of Iowa · 1861