Burks v. Hedinger

GARFIELD, Chief Justice.

This is an action in equity to set aside a tax deed to a residence property in Des Moines in which defendant, grantee of the deed, asks that title be quieted in her. Following trial there was a decree for plaintiffs from which defendant has appealed.

Sole question presented here is largely factual — whether, as the trial court found, one Lorenzo Duke was in possession of the real estate within the meaning of section 447.9, Code 1966 and therefore notice upon him of expiration of the right of redemption from the tax sale was required. Duke was not in fact served with…