Noble v. Bullis
Supreme Court of Iowa
2. -principle applied. A person whose land had been sold for taxes, upon hearing of it, went to the clerk to redeem the same, who finding the record of a second sale that had been subsequently made, by mistake, for the taxes of the same year, and never having observed the other sale, advised the owner that it required a certain amount to redeem, which was thereupon paid by him, the clerk delivering to him a certificate of redemption from the second sale.
Read the full summary
2. -principle applied. A person whose land had been sold for taxes, upon hearing of it, went to the clerk to redeem the same, who finding the record of a second sale that had been subsequently made, by mistake, for the taxes of the same year, and never having observed the other sale, advised the owner that it required a certain amount to redeem, which was thereupon paid by him, the clerk delivering to him a certificate of redemption from the second sale. The owner had no knowledge of but one sale, and he intended to, and supposed he was, redeeming from a valid sale. Held, that these facts…
1Opinion of the CourtCole, J.
i. tax saeb : nif" There is no sufficient reason why a mistake of fact may not be a ground for equitable relief in a case of tax sale and redemption, as well as in any other case. If the plaintiffs, as is conceded by the record in this case, had no information of any sale of their property for taxes, except of one, a valid and proper sale, and applied to the proper officer, in good faith to redeem the same, and such officer received their *561redemption money, and gave them a certificate thereof, which was given and received as a redemption from the tax sale for the taxes of 1861, then they ought…
2Cited by10 opinions
- Corning Town Co. v. DavisSupreme Court of Iowa · 1876
- Shoemaker v. LaceySupreme Court of Iowa · 1874
- Fenton v. WaySupreme Court of Iowa · 1875
- Lyman v. WalkerSupreme Court of Iowa · 1921
- Bitzer v. BeckeSupreme Court of Iowa · 1903
5 more not listed; retrieve them via the Exa API.