Legal Opinion

Carter v. Cemansky

Supreme Court of Iowa

Decided February 9, 1905PublishedCited by 6 opinions

Appeal from Woodbury District Court.— HoN. George W. Wakeeield, Judge. Suit in equity to quiet plaintiff’s title to a certain lot in the city of Sioux City, as against defendant’s claim under a certificate of purchase of the same at tax sale. Defendant filed an answer and cross-bill asserting the validity of his certificate, and making claim for subsequent taxes paid by-him on the lot.

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Appeal from Woodbury District Court.— HoN. George W. Wakeeield, Judge. Suit in equity to quiet plaintiff’s title to a certain lot in the city of Sioux City, as against defendant’s claim under a certificate of purchase of the same at tax sale. Defendant filed an answer and cross-bill asserting the validity of his certificate, and making claim for subsequent taxes paid by-him on the lot. He also asked that, if the certificate be declared invalid, he be given an equitable lien upon the property for the amount of the taxes paid by him. Plaintiff denied the validity of the taxes, and pleaded the…

1Opinion of the Court

Deemeer, J.—

From the years 1888 to 1892, inclusive, one Jandrey owned the lot above referred to. This lot abutted upon Twelfth street, in the city of Sioux City. Dur*508ing the time that Jandrey was the owner thereof, the city ordered this street, as well as another abutting upon the property, and also an alley in the rear thereof, graded and filled, and thereafter assessed against the lot something near $500, as its proportion of the expense of grading and filling Twelfth street. The taxes were made payable in five in-stalments, and confirmed as a lien against the lot. Notice was given as by…

2Cases cited7 opinions

  1. Corning Town Co. v. DavisSupreme Court of Iowa · 1876
  2. Gallaher v. GarlandSupreme Court of Iowa · 1904
  3. Fitzgerald v. City of SiouxSupreme Court of Iowa · 1904
  4. Tallant v. City of BurlingtonSupreme Court of Iowa · 1874
  5. Parker v. CochranSupreme Court of Iowa · 1884

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3Cited by6 opinions

  1. Von Meding v. StrahlMichigan Supreme Court · 1948
  2. Snouffer & Ford v. City of TiptonSupreme Court of Iowa · 1911
  3. Shaver v. J. W. Turner Improvement Co.Supreme Court of Iowa · 1912
  4. Smith v. HuberSupreme Court of Iowa · 1938
  5. Neilan v. Unity Investment Co.Supreme Court of Iowa · 1910

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