Foster & Co. v. Ellsworth
Supreme Court of Iowa
Appeal from Wright District Court. This action involves the title to real estate in Wright county. The plaintiff claimed the land under the patent title, and averred that, though the same had been sold for taxes, and a treasurer’s deed executed, yet the period for redemption had not expired, because no projier notice of expiration of redemption had been given.
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Appeal from Wright District Court. This action involves the title to real estate in Wright county. The plaintiff claimed the land under the patent title, and averred that, though the same had been sold for taxes, and a treasurer’s deed executed, yet the period for redemption had not expired, because no projier notice of expiration of redemption had been given. The defendant filed a cross-bill setting up title under a tax sale and deed to one Young, and a warranty deed from Young to the defend, ant. The prayer of the cross-bill was that the title to the land be quieted in the defendant. No…
1Opinion of the CourtRothrock, J.
The 'plaintiffs doubtless dismissed their case because they failed to prove that they were the owners of the patent title. Code, § 897, provides that “no person shall be permitted to question the title acquired by a treasurer’s deed without first showing that he, or the person under whom he claims title, had title to the property at the time of the sale.” Plaintiffs introduced in evidence a conveyance to them from one Casper Geisart, and made no further proof ‘ of title. They therefore utterly failed to show title in themselves, or in Geisart, under whom they claimed.
The defendant introduced…
2Cases cited1 opinion
- Varnum v. ShulerSupreme Court of Iowa · 1886
3Cited by9 opinions
- Petersborough Savings Bank v. Des Moines Savings BankSupreme Court of Iowa · 1900
- Busch v. HallSupreme Court of Iowa · 1903
- Stewart v. GorhamSupreme Court of Iowa · 1904
- In Re Estate of HazeldineSupreme Court of Iowa · 1938
- Baird v. LawSupreme Court of Iowa · 1895
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