Garrigan v. Knight
Supreme Court of Iowa
Appeal from Sioux District Court. Action for the recovery of forty acres of land. It is alleged in the petition that plaintiff is the absolute owner in fee of the land, and that defendant makes some claims adverse to the estate of plaintiff therein.
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Appeal from Sioux District Court. Action for the recovery of forty acres of land. It is alleged in the petition that plaintiff is the absolute owner in fee of the land, and that defendant makes some claims adverse to the estate of plaintiff therein. The abstract of title exhibited with the petition shows that the plaintiff purchased the land of the United States by an original entry made May 19, 1857. • It is averred in the answer that defendant paid the taxes upon the land in question from the year 1864 to the year 1872, both inclusive; “that he paid said taxes in good faith, believing…
1Opinion of the Court
Kothrook, J., one nou&e y owner. I. The defendant does not claim title to the land. The ''plaintiff is the undisputed owner. The only question is whether the defendant is entitled to recover the taxes paid by him, and whether the same should .foe held to be a- lien upon the land.
*527It appears from the agreed statement of facts that the defendant did not pay the taxes on the land by the order or request of .plaintiff.
Under these circumstances we think there can be no recovery for the taxes thus paid. There is no act or course of conduct upon the part of plaintiff from which a promise or contract…
2Cases cited2 opinions
- Claussen v. RayburnSupreme Court of Iowa · 1862
- Orr v. TravacierSupreme Court of Iowa · 1866
3Cited by16 opinions
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981
- Goodnow v. MoultonSupreme Court of Iowa · 1879
- Bowman v. HazenSupreme Court of Kansas · 1904
- Read v. HoweSupreme Court of Iowa · 1878
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