Legal Opinion

Iowa Falls & Sioux City Ry. Co. v. Cherokee County

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 5 opinions

Appeal from, CheroTtee District Court. Thursday, December J. The plaintiff filed a petition in the district court, alleging substantially that it was the owner of a -large quantity of lands in Cherokee county; that the treasurer of the county had advertised said lands for sale for taxes levied thereon for 1870 ; that the board of supervisors had levied taxes thereon for 1871, and averring that the said lands belonged to the State of Iowa until the 5th day of July, 1871, when…

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Appeal from, CheroTtee District Court. Thursday, December J. The plaintiff filed a petition in the district court, alleging substantially that it was the owner of a -large quantity of lands in Cherokee county; that the treasurer of the county had advertised said lands for sale for taxes levied thereon for 1870 ; that the board of supervisors had levied taxes thereon for 1871, and averring that the said lands belonged to the State of Iowa until the 5th day of July, 1871, when the same became' the property of the plaintiff, and that they were not taxable prior to the year 1872. An injunction…

1Opinion of the CourtMiller, J.

The question in this case is whether the plaintiff was the owner of the' lands in controversy, so that they were subject to taxation for the years 1870 and 1871. These lands are a portion of those granted by congress to the State of Iowa, by act of May 15, 1856, for the purpose of aiding in the construction of a railroad from the city of Dubuque to a point on the Missouri river, near Sioux City, with a branch from the mouth of the Tete Des Morts. The lands granted by that act to the State for the purpose above mentioned were, by an act of the general assembly of Iowa, passed July 14, 1856,…

2Cases cited1 opinion

  1. Iowa Homestead Co. v. Webster CountySupreme Court of Iowa · 1866

3Cited by5 opinions

  1. Litchfield v. County of WebsterSupreme Court of the United States · 1880
  2. Stryker v. Goodnow's AdministratorSupreme Court of the United States · 1887
  3. McGregor & M. R. R. v. BrownSupreme Court of Iowa · 1874
  4. Sioux City & St. Paul R. v. County of OsceolaSupreme Court of Iowa · 1876
  5. Bowne v. BilslandSupreme Court of Iowa · 1891

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