Soukup v. Union Investment Co.
Supreme Court of Iowa
Appeal from, Linn District Court. — Hon. J. H. Preston, Judge. The plaintiff, claiming to own the southwest quarter of the northeast quarter of the northwest quarter of section 36, township 83 N., of range 7 W., fifth P. M., Linn county, Iowa, by warranty deed from John M. Curless, brought this action to enjoin the defendant Barnhill, as treasurer of Linn county, from issuing, and the defendant company from receiving, a tax deed upon a certain tax certificate to "William…
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Appeal from, Linn District Court. — Hon. J. H. Preston, Judge. The plaintiff, claiming to own the southwest quarter of the northeast quarter of the northwest quarter of section 36, township 83 N., of range 7 W., fifth P. M., Linn county, Iowa, by warranty deed from John M. Curless, brought this action to enjoin the defendant Barnhill, as treasurer of Linn county, from issuing, and the defendant company from receiving, a tax deed upon a certain tax certificate to "William Stewart on a sale for the taxes of 1878. The defendants answered, denying that the plaintiff owned the ten acres described,…
1Opinion of the CourtG-iven, J.
I. The appellee contends that, as the -defendant Barnhill, treasurer, does not join in the 1. Appeal: parties. appeal, and was not served with notice thereof, the appellant cannot prosecute this appeal. Mr. Barnhill, though a proper, was not a necessary, party to the action as presented in the petition. All that was asked as to him was that he be enjoined, as treasurer, from issuing a tax deed to his co-defendant on a certain certificate named. The plaintiff’s relief would have been complete by an injunction restraining the defendant company from receiving such a deed. The treasurer is in…
2Cases cited4 opinions
- Moore v. HeldSupreme Court of Iowa · 1887
- Roberts v. DeedsSupreme Court of Iowa · 1881
- Nesselrode v. ParishSupreme Court of Iowa · 1882
- Collins v. StormSupreme Court of Iowa · 1888
3Cited by13 opinions
- Fisher v. BettsNorth Dakota Supreme Court · 1903
- Bennett v. GreenwaltSupreme Court of Iowa · 1939
- Phoenix Mut. Life Ins. v. Kingston Bank & Thust Co.Tennessee Supreme Court · 1938
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Bynum v. McDowellCourt of Appeals of Tennessee · 1926
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