Talcott Bros. v. Noel
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Prior to July 15, 1889, E. H. Gillette was tbe owner of lot 53, in Garden Grove addition to North Des Moines. About that time the town of North Des Moines levied on said lot a special assessment to pay for street paving, under the ■provisions of the law therefor, and an assessment certificate issued therefor for one hundred and fifty-six dollars and fourteen cents.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Prior to July 15, 1889, E. H. Gillette was tbe owner of lot 53, in Garden Grove addition to North Des Moines. About that time the town of North Des Moines levied on said lot a special assessment to pay for street paving, under the ■provisions of the law therefor, and an assessment certificate issued therefor for one hundred and fifty-six dollars and fourteen cents. Gillette conveyed the lot, and other conveyances followed, so that the title rested in J. A. Noel, of whose estate the defendant J. W. Noel is administrator. Plaintiff is…
1Opinion of the CourtGranger, J.
1
*4742 3 *472I. The special assessment was levied July 15, 1889, and this action was commenced October 8, 1896, and it said that the action is barred by the statute of limitations. Several other facts are important to settle the question. The assessment certificate, which is made the basis of the action, is signed by the mayor and recorder of the city of Des Moines, and is dated July 16, 1889. On the certificate is an agreement, signed by E. TL Gillette, as follows: “Agreement. I, E. H. Gillette, do hereby elect to pay the amount of the within certificate in seven equal annual installments, as therein…
2Cases cited3 opinions
- Gosselink v. CampbellSupreme Court of Iowa · 1856
- Jiska v. Ringgold CountySupreme Court of Iowa · 1882
- Cummings v. EastonSupreme Court of Iowa · 1877
3Cited by4 opinions
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- Stockholders Investment Co. v. Town of BrooklynSupreme Court of Iowa · 1933
- Hedrick v. Smith & ReedSupreme Court of Iowa · 1908
- Wallace v. GilmoreSupreme Court of Iowa · 1933