Stone v. Skerry
Supreme Court of Iowa
Appeal from, Floyd District Gov/rt. Action in equity to cancel and set aside a tax sale and deed, and a decree of court' foreclosing tbe equity of tbe former owner, to declare said decree null and void and to quiet title in plaintiffs. There was a demurrer to tbe petition, wbicb was overruled by tbe court. Tbe defendants stood upon their demurrer, and judgment was rendered as prayed for in tbe petition. Tbe defendants appeal.
1Opinion of the CourtCole, J.
— Counsel for appellants have discussed tbe sufficiency of tbe recitals in tbe judgment rendered by the district court of Floyd ■ county in-the tax title foreclosure *583proceeding, wherein this defendant, A. T. Skerry, was plaintiff, and the land in controversy was defendant, the proceedings having been commenced in 1859 to foreclose a tax deed made in 1857.
This is a direct proceeding in the same court to set aside ■and cancel that judgment; and the plaintiffs herein aver that said judgment was rendered by default; that there was no service, either personalty or by'publication, of a/rvy original…
2Cases cited1 opinion
- Newcomb v. DeweySupreme Court of Iowa · 1869
3Cited by5 opinions
- Jamison v. WeaverSupreme Court of Iowa · 1892
- Clark v. LittleSupreme Court of Iowa · 1875
- Bridges v. ArnoldSupreme Court of Iowa · 1873
- Wolf v. Shenandoah National BankSupreme Court of Iowa · 1891
- Smoot v. JuddSupreme Court of Missouri · 1904