120 Iowa 66 | Iowa | 1903
As plaintiff’s homestead was not separately listed as provided in section 876 of the Code of 1873,
Did the court err in granting plaintiff additional time to redeem? This is the pivotal point in the case. Plaintiff brought his original action before the statutory time had
But there are stronger reasons than these for affirming the action of the trial court. Plaintiff commenced his action before the statutory period in order to secure an adjudication as to the amount he should pay in order to
Appellants’ counsel rely with great confidence on Long v. Smith, 62 Iowa, 329. Butin that case it appeared that the tax-sale purchaser was entitled to a deed on October 2, 1882. The holder of the legal title commenced his action to enjoin the tax-sale purchaser from giving notice of the expiration of the period of redemption, some time prior to this date, but he did not aver a readiness to pay the taxes and to reimburse the tax-sale purchaser until the 6th day of October, which was the date on which the decree was entered. The decision was made to turn on the fact that plaintiff did not offer to redeem until after the period of redemption had expired, and not until after
When the demurrer to the supplemental petition was sustained, the court should, no doubt, have dismissed the temporary writ of injunction, and its failure to do so was
There is no prejudicial error in the record and the decree is aeeirmed.