Legal Opinion

S. C. & St. P. R. Co. v. County of Osceola

Supreme Court of Iowa

Decided December 12, 1876PublishedCited by 16 opinions

Appeal from Osceola Circuit Court. The plaintiff’s petition in substance alleges: 1. That plaintiff is a duly organized corporation. 2. That defendant is a duly organized political corporation. 3. That the Executive Council of the State of Iowa assessed plaintiff’s property for the year 1873, the total valuation in Osceola county being $44,750. . 4. That at the regular meeting in September, 1873, the board of supervisors of Osceola county levied taxes upon the property of…

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Appeal from Osceola Circuit Court. The plaintiff’s petition in substance alleges: 1. That plaintiff is a duly organized corporation. 2. That defendant is a duly organized political corporation. 3. That the Executive Council of the State of Iowa assessed plaintiff’s property for the year 1873, the total valuation in Osceola county being $44,750. . 4. That at the regular meeting in September, 1873, the board of supervisors of Osceola county levied taxes upon the property of the county, including a tax of fifteen mills on the dollar for payment of principal and interest on judgment bonds. 5.…

1Opinion of the Court

Nat, J. — I.

i. judgment cent li'o’fiers: paper. Appellants admit that the affirmative allegation of the answer that the bonds have passed into the hands of third parties, who purchased them in good faith for value without notice of any claim that they are illegal for any cause, may be considered upon the question presented, except so far as the purchasers may be charged with notice by the records of the county and court.

Section 3275 of the Nevision, as amended by chapter 174, Laws of 1872, provides: “In case no property of a municipal corporation, against which an execution has issued, is…

2Cases cited3 opinions

  1. C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
  2. Iowa Railroad Land v. County of SacSupreme Court of Iowa · 1874
  3. Greeley v. County of LyonSupreme Court of Iowa · 1874

3Cited by16 opinions

  1. Doon Township v. CumminsSupreme Court of the United States · 1892
  2. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
  3. Bunten v. Rock Springs Grazing Ass'nWyoming Supreme Court · 1923
  4. City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
  5. Hotchkiss v. MarionMontana Supreme Court · 1892

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