Burton v. Hintrager
Supreme Court of Iowa
Appeal from Dubuque District Court. This is a suit in equity to redeem the north two-tbirds of lot number seventeen, in tbe city of Dubuque, from tax sale and conveyance.
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Appeal from Dubuque District Court. This is a suit in equity to redeem the north two-tbirds of lot number seventeen, in tbe city of Dubuque, from tax sale and conveyance. The material facts necessary to a proper understanding of the question decided, may be concisely stated as follows: On the 21st day of February, 1581, Platt Smith, being tbe owner of the property in controversy, mortgaged it to John Burton, to secure the payment of a large sum of money borrowed by Smith of Burton. On the 21st day of February, 1854, John Burton died intestate, leaving the plaintiff, Mary Burton, his only…
1Opinion of the CourtCole, J.
1. Tax sale: minor. I. Our statute provides that where real property has been sold for taxes, it may be redeemed at any time before the expiration of three years from the date of sale. And “if the real property of any minor or lunatic is sold for taxes, the same may be redeemed at any time within one year after such disability is removed,” &c. (Revision, §779; Laws of 1862, p. 226.)
It will be seen, by reference to the statement, that the mortgage by Smith to Burton, the ancestor of plaintiff, was made prior to the taking effect of the Code of 1851, section 1210 of which provided that the…
2Cases cited4 opinions
- Byington v. RiderSupreme Court of Iowa · 1859
- Seevers v. DelashmuttSupreme Court of Iowa · 1860
- Baldwin v. ThompsonSupreme Court of Iowa · 1864
- Brayton v. County of DelawareSupreme Court of Iowa · 1864
3Cited by24 opinions
- Adams v. BealeSupreme Court of Iowa · 1865
- Rice v. NelsonSupreme Court of Iowa · 1869
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Lilly v. DunnIndiana Supreme Court · 1884
- Crum v. CottingSupreme Court of Iowa · 1867
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