Legal Opinion

Johns v. Thomas

Supreme Court of Iowa

Decided December 13, 1877PublishedCited by 2 opinions

Appeal from Wmneshiek Circuit Gou/rt. Action to recover possession of certain real estate. The plaintiff claims title by virtue of a tax deed. The defendant admits the execution of the deed but avers that the same is void by reason of a fraudulent combination at tbe tax sale. Judgment for defendant. Plaintiff appeals.

1Opinion of the CourtAjdams, J.

1. tax sale: competítion. The land was bought at the tax sale by one J. M. Green. The evidence shows very clearly that there was no competition at the sale. That there was a fraudulent combination is not so clear. We are of the opinion, however, that there was a tacit understanding among the bidders generally, including Green, that they would not bid against each other, and that the land in question was bought while such understanding was in force. One witness says: “The bidding seemed to go around in regular rotation. There was no bidding against each other, save in one instance, and that…

2Cited by2 opinions

  1. Youker v. HobartNorth Dakota Supreme Court · 1908
  2. Graham v. Mutual Realty Co.North Dakota Supreme Court · 1911

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