Brownlee v. Marion County
Supreme Court of Iowa
Appeal from Marion District Oomt, Action to recover certain money which the plaintiff claims he was compelled to pay in order to redeem his real estate from a sale for taxes which was caused by an illegal assessment. There was a reference to the Hon. "W. M. Stone, who made a finding of facts, and his conclusions of law were entered as the judgment of the court. The defendant appeals.
1Opinion of the CourtSeevers, J.
i taxation-recovery from county. The material facts as found by the referee are tiiat the plaintiff was the owner of the real estate, and that one John Brownlee had been in possession thereof for about eight years previous to January, 1875. There was no contract or lease whereby any rent or compensation was to be paid for the use of the premises.
In January, 1875, the assessor went on the premises for the purpose of listing the property, and had some conversation with John Brownlee as to whose name it should be assessed in. The assessor expressed the opinion it had better be assessed in the…
2Cases cited3 opinions
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Lauman v. County of Des MoinesSupreme Court of Iowa · 1870
- Fulmer v. FulmerSupreme Court of Iowa · 1867
3Cited by3 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- Home Savings Bank v. MorrisSupreme Court of Iowa · 1909