Innes v. Drexel
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. — Hon. E. E. Aylesworth, Judge. Action in equity to determine the title to a certain lot in Council Bluffs, brought June 23, 1888. The agreed statement of facts upon which the case was submitted shows that the plaintiff is the owner of the patent title; that the lot was sold November 11, 1872, for the taxes of 1871; that the tax deed was executed June 22, 1881, and recorded July 2, 1883; that defendant is the owner of said tax…
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Appeal from Council Bluffs Superior Court. — Hon. E. E. Aylesworth, Judge. Action in equity to determine the title to a certain lot in Council Bluffs, brought June 23, 1888. The agreed statement of facts upon which the case was submitted shows that the plaintiff is the owner of the patent title; that the lot was sold November 11, 1872, for the taxes of 1871; that the tax deed was executed June 22, 1881, and recorded July 2, 1883; that defendant is the owner of said tax title, and that the lot was open, unenclosed and unoccupied, and not in actual possession of any one, from said eleventh day…
1Opinion of the CourtGiven, C. J.
The only question presented by this appeal is whether defendant was barred of all rights under his tax certificate at the time he obtained the tax deed in controversy. Revision, section 790, provides that no action for the recovery of real property, sold for the non-payment of taxes, shall lie unless the same be brought within five years after date of the sale. In Eldridge v. Kuehl, 27 Iowa, 160, it was held that this meant completed sale; that is, from the execution and recording of the treasurer’s deed. Code, section 902, provides that the action shall not lie unless the same be brought…
2Cases cited2 opinions
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- La Rue v. KingSupreme Court of Iowa · 1888
3Cited by7 opinions
- Smith v. HuberSupreme Court of Iowa · 1938
- Wallis v. ClinkenbeardSupreme Court of Iowa · 1932
- Roth v. MunzenmaierSupreme Court of Iowa · 1902
- City of Moberly v. HassettMissouri Court of Appeals · 1907
- Gallaher v. HeadSupreme Court of Iowa · 1899
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