Legal Opinion

Stout v. Merrill

Supreme Court of Iowa

Decided September 18, 1872PublishedCited by 16 opinions

Appeal from Polk Disúriot GouH. Action in chancery brought to enable plaintiff to redeem a certain lot in the city of Des Moines from a tax title- held by defendant under certain sales and deeds for taxes due and delinquent to the county and city.

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Appeal from Polk Disúriot GouH. Action in chancery brought to enable plaintiff to redeem a certain lot in the city of Des Moines from a tax title- held by defendant under certain sales and deeds for taxes due and delinquent to the county and city. The original petition was filed June 13, 1868, and alleges title to the property in question to be in plaintiff, which, it is shown, he claimed from the source and in the manner as follows, viz.: The lot was originally purchased of the county of Polk by James Farley. He died before a conveyance was executed to him for the property. On the 6th day of…

1Opinion of the Court

Beok, Oh. J.

i tenakt Am> nM of i?na-de" lord’s title. I. There are ^two aspects in which this case must be viewed, growing out of the different relations ^ Pari;ies as l’0 different parts of the lot ™ question. As to the east half of the lot the parties stand in the positions of landlord and tenant. It is conceded by both that plaintiff held this portion of the property as the tenant of defendant, at the time he acquired the title and right of redemption, under which he now seeks to recover. Neither had his tenancy terminated when this suit was commenced.

It is a familiar rule of the law, that…

2Cases cited17 opinions

  1. Zeller's Lessee v. EckertSupreme Court of the United States · 1846
  2. Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
  3. Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
  4. Nellis v. LathropNew York Supreme Court · 1839
  5. Jenkins v. JenkinsSupreme Court of Iowa · 1861

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3Cited by16 opinions

  1. McClenahan v. StevensonSupreme Court of Iowa · 1902
  2. Clifton Heights Land Co. v. RandellSupreme Court of Iowa · 1891
  3. McKenney Seabury v. NelsonSupreme Court of Iowa · 1935
  4. Smith v. HughesSupreme Court of Oklahoma · 1929
  5. Oppenheimer v. LeviCourt of Appeals of Maryland · 1903

11 more not listed; retrieve them via the Exa API.

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