Van Shaack v. Robbins
Supreme Court of Iowa
Appeal from, Polh District Gowrt. Action to set aside a tax sale and title. The plaintiff avers that he is the owner by a connected chain of title from the United States to himself, of the N. E. of S. E. of section 2, T. 81, R. 27; that the defendant claims title under a tax sale of the land by the treasurer of Polk county, made October 6, 1868; that at said sale the purchaser and others entered into an agreement to prevent competition in the bidding, and agreed with each…
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Appeal from, Polh District Gowrt. Action to set aside a tax sale and title. The plaintiff avers that he is the owner by a connected chain of title from the United States to himself, of the N. E. of S. E. of section 2, T. 81, R. 27; that the defendant claims title under a tax sale of the land by the treasurer of Polk county, made October 6, 1868; that at said sale the purchaser and others entered into an agreement to prevent competition in the bidding, and agreed with each other that they would take turns in bidding, and that neither of said parties would bid the amount of the taxes for any…
1Opinion of the CourtCole, J.
— The single question presented for decision is, whether fraud committed by the purchaser at a tax sale will defeat the title in the hands of an innocent purchaser of it for value. It is conceded by the respective counsel that the agreement set out in the petition would constitute such fraud. The question involves the construction of a clause of our revenue law. Our statute was evidently framed with the view of vesting a perfect title in the purchaser of land at tax sale, for taxes delinquent thereon. It specifies the various acts and proceedings to be tahen from the listing to the sale, and…
2Cases cited4 opinions
- Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Crocker v. BellangeeWisconsin Supreme Court · 1858
- Malcom v. RogersNew York Supreme Court · 1825
3Cited by31 opinions
- Tilton v. City of HaverhillMassachusetts Supreme Judicial Court · 1942
- Escalle v. MarkNevada Supreme Court · 1919
- State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
- Sadler v. NieszWashington Supreme Court · 1892
- Doney v. LaughlinIndiana Court of Appeals · 1911
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