Leavitt v. Watson
Supreme Court of Iowa
Appeal from Benton District Court. Thursday, September 18. This action is brought by the plaintiff to set aside and annul a certain tax deed of lands, of which he claims to be the owner, and which he states in his petition were illegally sold by the treasurer of Benton county. The cause was tried in equity by the first method, and a decree rendered for plaintiff. Defendant appeals.
1Opinion of the CourtMiller, J.
The plaintiff claims to be the owner in fee of the lands described in his petition, to which he alleges the defendant claims title under and by virtue of a sale thereof for taxes, but he attacks such sale as void on the ground that there was no sale thereof in fact for taxes by the treasurer as the deed recites. This is the only question presented in argument. No question is made as to the form or regularity of the tax deeds under which defendant claims title to the land.
The tax deeds, while they are not conclusive evidence of the fact of a sale of the lands for taxes, they are prima facie…
2Cases cited2 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Rima v. CowanSupreme Court of Iowa · 1870
3Cited by12 opinions
- Dodge v. EmmonsSupreme Court of Kansas · 1886
- Butler v. DelanoSupreme Court of Iowa · 1876
- Chandler v. KeelerSupreme Court of Iowa · 1877
- Bullis v. MarshSupreme Court of Iowa · 1881
- Phelps v. MeadeSupreme Court of Iowa · 1875
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