24 Iowa 320 | Iowa | 1868
That this was erroneous was expressly ruled in Williams v. Heath (22 Iowa, 519). As it was upon the
Whether the treasurer, having made one deed, can-subsequently upon his own motion make another reciting differently the facts concerning the mode of sale; whether verbal evidence aliunde the deed and certificate of sale can be given, showing, in opposition to the legal effect of those instruments, that each parcel was separately exposed for sale, and separately sold; whether, if such evidence is competent, that which was introduced in this cause was sufficient to establish a separate sale of the-parcel in controversy, are questions upon which, as well as upon the construction of section 790, as to the five years limitation, we deem it prudent, in view of the large interests involved, to withhold any expression of opinion, the more particularly, as some of these questions may not arise on the re-trial or not in the same shape, and as others were not very fully gone into by counsel, and respecting which the court are not at present entirely of one mind.
ft ever sed.