Forey v. Bigelow
Supreme Court of Iowa
Appeal from GMeleasaw Gireidt Gourt. This is an action in equity, the object of which is to quiet the title to eighty acres of land, and in case a decree is not rendered quieting the title, plaintiff seeks to recover of defendant certain taxes which he alleges he paid upon the land, and to make said taxes a lien thereon. The plaintiff claims to be the owner of the land by virtue of a tax sale and deed.
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Appeal from GMeleasaw Gireidt Gourt. This is an action in equity, the object of which is to quiet the title to eighty acres of land, and in case a decree is not rendered quieting the title, plaintiff seeks to recover of defendant certain taxes which he alleges he paid upon the land, and to make said taxes a lien thereon. The plaintiff claims to be the owner of the land by virtue of a tax sale and deed. The defendant alleges the possession of said land in himself, and his grantors, for more than five years prior to the bringing of the action, and pleads the statute of limitations, lie also…
1Opinion of the CourtRothrook, J.
i. taxdbed: katutl'onimRations. I. The tax deed under which the plaintiff claims title was executed and delivered to the plaintiff on the ^th day of December, 1869. This action was commenced December 3, 1879. The land was entered by Benjamin Palmer, in 1865. In July, 1856, Palmer quitclaimed the land to H. C. Kimball, which quitclaim was not recorded until September, 1876. The defendant claims title under said Kimball, by several intermediate conveyances; that to defendant having been made by one Hoyt, by special warranty deed, dated in April, 1879.
The land in controversy has never been…
2Cases cited3 opinions
- Booth v. SmallSupreme Court of Iowa · 1868
- Brown v. PainterSupreme Court of Iowa · 1874
- Sexton v. HendersonSupreme Court of Iowa · 1876
3Cited by4 opinions
- Rakes v. BrownNebraska Supreme Court · 1892
- Merrill v. TobinSupreme Court of Iowa · 1891
- Dice v. BrownSupreme Court of Iowa · 1896
- Guinn v. SpillmanSupreme Court of Kansas · 1893