Cochran v. Ind. School Dist.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The plaintiff brings this action to quiet his title to a certain lot in Council Bluffs. The defendant, for answer, alleges that the land was, under proper proceedings on the part of the defendant, condemned for school-house purposes, as provided by law, and asks that plaintiff’s petition be dismissed.
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Appeal from Pottawattamie District Court. The plaintiff brings this action to quiet his title to a certain lot in Council Bluffs. The defendant, for answer, alleges that the land was, under proper proceedings on the part of the defendant, condemned for school-house purposes, as provided by law, and asks that plaintiff’s petition be dismissed. The cause was submitted to the court on an agreed statement of facts, as follows: “1. That plaintiff, on November 7, 1871, purchased the real estate in controversy at tax sale, and at time of the condemnation held only a certificate of tax purchase. “2.…
1Opinion of the CourtDay, J.
i school ciisíiat*oii0onlndl notice. I. The plaintiff purchased the property at tax sale, and received a certificate, of .purchase before the eondemnation proceedings were instituted. By this purchase he acquired a right to have the purchase money, with penalty and interest, refunded to him within three years, or, if this was not done, to have a deed executed to him conveying an absolute title to the property. This right is a valuable one, and plaintiff could not constitutionally be deprived of it without compensation, ■or, at least, without notice of the condemnation proceedings, which would…
2Cases cited1 opinion
- Severin v. ColeSupreme Court of Iowa · 1874
3Cited by2 opinions
- Garmoe v. SturgeonSupreme Court of Iowa · 1884
- Vien v. Harrison CountySupreme Court of Iowa · 1929