Goodnow v. Stryker
Supreme Court of Iowa
Appeal from Webster Circuit Court. Action to recover for certain taxes paid to Webster county-on certain land in that county belonging to the defendant, John Stryker. The taxes were paid by the Iowa Homestead Company, which supposed itself to be the owner of the land, and they were paid under such circumstances as to raise an implied promise on the part of the defendant to reimburse the Homestead Company. This fact was established by an adjudication in this case.
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Appeal from Webster Circuit Court. Action to recover for certain taxes paid to Webster county-on certain land in that county belonging to the defendant, John Stryker. The taxes were paid by the Iowa Homestead Company, which supposed itself to be the owner of the land, and they were paid under such circumstances as to raise an implied promise on the part of the defendant to reimburse the Homestead Company. This fact was established by an adjudication in this case. See Goodnow v. Stryker, 51 Iowa, 326, where this case is reported upon a former appeal. The plaintiff became entitled by assignment…
1Opinion of the CourtAdams, J.
i. taxes : payment on c.iuotli6r*s laud: reoovcry by puycr from owner. — 1. The defendant pleaded as one of its additional defenses that the plaintiff’s right of recovery is barred by a prior adjudication, to-wit, an adjudication in the case of the Iowa Homestead Company v. The Des Moines Navigation & Railroad Co., John Stryker et al., reported in 17 Wallace, 153. To this plea the plaintiff' replies, in substance, that if it should be conceded that the court made an adjudication in that case denying a right of recovery for the taxes in question in this case, yet this action is not barred,…
2Cases cited1 opinion
- Fellows v. Commissioners for Loaning Certain Moneys of the United StatesNew York Supreme Court · 1862
3Cited by12 opinions
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
- Chapman v. Goodnow's AdministratorSupreme Court of the United States · 1887
- Beyer v. Investors' SyndicateNorth Dakota Supreme Court · 1915
- Goodnow v. BurrowsSupreme Court of Iowa · 1885
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