Oliver v. Montgomery
Supreme Court of Iowa
Appeal from Woodbury District Oou/rt. At the September Term, 1874, of this court, an opinion was filed reversing the above entitled case, and directing that the defendants have judgment for one-third the amount of taxes paid upon the lands in controversy, with interest at six per cent from the respective dates of payment.
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Appeal from Woodbury District Oou/rt. At the September Term, 1874, of this court, an opinion was filed reversing the above entitled case, and directing that the defendants have judgment for one-third the amount of taxes paid upon the lands in controversy, with interest at six per cent from the respective dates of payment. See 39 Iowa, page 601. On the last day of the next term of the "Woodbury District Court, the defendant filed in said court a copy of the opinion, and the court entered in his calendar an order that a decree be entered in accordance with the opinion of this court, for the sum…
1Opinion of the Court
Day, J".
The court erred in refusing to make the judgment for the amount of taxes paid a lien upon the lots on which the taxes were assessed.
The payment of the defendants relieved the land from the lien then existing, and enured to plaintiff’s benefit. It is right and equitable that defendants should be subrogated to the lien before existing. The fact that the former opinion of this court was silent respecting a lien cannot be fairly construed., *38into a denial of the existence of the right. If final decree had been entered in this court the lien would have been preserved. See Sears v. Sellew,…
2Cases cited2 opinions
- Sears v. SellewSupreme Court of Iowa · 1870
- Orr v. TravacierSupreme Court of Iowa · 1866
3Cited by6 opinions
- Newbold v. SmartSupreme Court of Alabama · 1880
- Carson v. BroadyNebraska Supreme Court · 1898
- Besore v. DoshSupreme Court of Iowa · 1876
- Victoria Copper Mining Co. v. RichCourt of Appeals for the Sixth Circuit · 1911
- Ringen Stove Co. v. BowersSupreme Court of Iowa · 1899
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