Sexton v. Henderson
Supreme Court of Iowa
Appeal from Warren Circuit Court. Action in equity to recover for certain taxes, with penalty and interest, paid by plaintiff on land in Warren county while he held a tax deed to the land. The patent title was held by one John M. Laverty, the defendant’s testate. After the recording of the tax deed, Laverty held possession of the land for. more than five years, and having died his executors obtained a decree canceling the deed.
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Appeal from Warren Circuit Court. Action in equity to recover for certain taxes, with penalty and interest, paid by plaintiff on land in Warren county while he held a tax deed to the land. The patent title was held by one John M. Laverty, the defendant’s testate. After the recording of the tax deed, Laverty held possession of the land for. more than five years, and having died his executors obtained a decree canceling the deed. The plaintiff then brought this action to recover for taxes paid with penalty and interest. The Circuit Court dismissed his petition, and he now appeals.
1Opinion of the CourtAdams, J.
i. tax sam: taxes by’purcliaser: reeovery for', It is claimed by the defendants that if the plaintiff paid the taxes upon the land as he alleges, and under such circumstances as he alleges, he did but pay his own taxes, and that he cannot now , „ , _ . , , , recover the same ox them, it is doubtless true that the right of a holder of a tax deed to recover for taxes paid where the tax deed is held to be invalid is based up'on the theory that he had discharged an obligation of the owner of the land, and it being an obligation which the law invited him to discharge by purchasing at the tax sale,…
2Cases cited1 opinion
- Everett v. BeebeSupreme Court of Iowa · 1873
3Cited by7 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Toerring v. LampSupreme Court of Iowa · 1889
- Croskery v. BuschMichigan Supreme Court · 1898
- Sexton v. HendersonSupreme Court of Iowa · 1877
- Carter v. PhillipsMissouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.