Rayburn v. Kuhl
Supreme Court of Iowa
Appeal from Scott District Court. Samuel S. Rayburn, the father of the plaintiff being seized in fee simple of. lot four in block nine in the town of Davenport, deceased in the year 1849, leaving her bis sole beir at law.
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Appeal from Scott District Court. Samuel S. Rayburn, the father of the plaintiff being seized in fee simple of. lot four in block nine in the town of Davenport, deceased in the year 1849, leaving her bis sole beir at law. His title accrued in the year 1840. The defendants claim under Antoine Le Claire, who purchased it at the sales for taxes levied for the year 1842. The questions arise upon the proceedings relating to the taxes and the sales under them, and are sufficiently shown in the opinion of the court. The cause was tried by the court, with liberty reserved to except and appeal, the…
1Opinion of the CourtWoodward, J.
The plaintiff having made her case, the defendant offered in evidence a deed made by the sheriff in January, 1845, under a sale of the lot in December, 1842, f6r the tax of that year, which was not admitted, because between the sale and the making of the deed, by virtue of an act of the legislature (Acts of 1843, p. 546,) the sheriff ceased to be the collector, and therefore had no authority to execute the deed. '
The defendants then offered a deed from the town of Davenport, to A. Le Claire, of 2d April, 1847, under a salo for the town corporation tax of 1844, which on motion was rejected. As…
2Cited by2 opinions
- Bennett v. GreenwaltSupreme Court of Iowa · 1939
- Long v. BurnettSupreme Court of Iowa · 1862