Hintrager v. Hennessy
Supreme Court of Iowa
Appeal from, Delaware District Court. Action to recover possession of real estate consisting of certain lots in the city of Dubuque. The plaintiff claims to recover by reason of his being the alleged owner of an absolute fee simple estate. The defendant’s answer discloses the fact that the plaintiff’s title and his right to recover depend on the validity of a tax sale and deed made in pursuance thereof.
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Appeal from, Delaware District Court. Action to recover possession of real estate consisting of certain lots in the city of Dubuque. The plaintiff claims to recover by reason of his being the alleged owner of an absolute fee simple estate. The defendant’s answer discloses the fact that the plaintiff’s title and his right to recover depend on the validity of a tax sale and deed made in pursuance thereof. Such answer is of an equitable character, and alleges that the tax sale and deed were void because the property was exempt from taxation; that it had never been assessed and that the statute…
1Opinion of the CourtServers, J.
The following are the undisputed facts: The property in controversy was sold in May and December, 1861, for the taxes of 1858, and on the 5th day of May, 1871, the treasurer, in pursuance of such sales, executed a deed to the plaintiff for the lots in controversy, and the same day this action was commenced by placing in the hands of the sheriff, with intent to be served immediately, an original notice which was served on the defendant the succeeding day.
The defendant, or those under whom he claims, was in possession of the property at the time it was assessed and has been in possession ever…
2Cases cited3 opinions
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Baker v. Johnson CountySupreme Court of Iowa · 1871
- Brown v. PainterSupreme Court of Iowa · 1874
3Cited by44 opinions
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Boatwright v. American Life Insurance Co.Supreme Court of Iowa · 1920
- McDermott v. Iowa Falls & Sioux City Railway Co.Supreme Court of Iowa · 1892
- Long v. Garey Investment Co.Supreme Court of Iowa · 1907
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