McCaughan v. Tatman
Supreme Court of Iowa
Appeal from Dallas Gweuit Court. Action to foreclose a mortgage executed to the plaintiffs by the defendant Tatman. Margaret IT. Smith was made a defendant, as claiming some interest in the mortgaged premises. She appeared and set up a tax deed executed to her October 17, 1870. To her claim based upon the tax deed the plaintiffs pleaded the statutory bar. of five years.
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Appeal from Dallas Gweuit Court. Action to foreclose a mortgage executed to the plaintiffs by the defendant Tatman. Margaret IT. Smith was made a defendant, as claiming some interest in the mortgaged premises. She appeared and set up a tax deed executed to her October 17, 1870. To her claim based upon the tax deed the plaintiffs pleaded the statutory bar. of five years. The facts are, as appears by the finding of the court and agreement of counsel, that the land was sold on the 1st day of October, 1866, for the taxes of 1865; that,the owner of the land at that time was one William E. Tatman,…
1Opinion of the Court
Adams, Os. J.
minor. The principal question presented in the case is as to whether Margaret Smith’s claim, based upon her tax deed, is barred. Section 902 of the Code 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, provided that when the owner of such real property-sold as aforesaid shall, at the time of such sale be a minor * * * five years after such disability shall be removed shall be allowed such person, his heirs or legal…
2Cases cited3 opinions
- Barrett v. LoveSupreme Court of Iowa · 1878
- Stout v. MerrillSupreme Court of Iowa · 1872
- Gibbs v. SawyerSupreme Court of Iowa · 1878
3Cited by1 opinion
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902