71 Iowa 218 | Iowa | 1887
The land in question was sold by the county treasurer, at the annual tax sale in 1873. The treasurer executed a deed of the land to the defendant Yan G-order, who was the holder of the certificate of purchase, and he, on the same day, sold and conveyed it to defendant Hallock, who at once took possession, and continued in actual occupation when this suit was instituted, which was in September, 1884. The ground upon which plaintiff claims the right to redeem from the sale is that the notice of the expiration of the time for redemption required by the statute was not served on the person in whose name the land was taxed, and there was no
It is shown, then, that the conveyance was executed by Peter C. McLane, while the grantee in the conveyance from Brooks was Porter C. McLane. There is no proof, then, that the person to whom Brooks conveyed the land has ever conveyed it. We cannot assume that the Peter O. McLane who executed the conveyance on the fifth of March, 1868, is the person to whom Brooks conveyed the land on the twentieth of May, 1860. Plaintiff’s proof of title, therefore,
He claims, however, that he introduced in evidence only the record of the deed dated March 5, 1868, and that his offer did not include the z’ecord of the certificate of acknowledgment, and that, as the body of the deed shows that it was executed by P. C. McLane, we should assume that this was the Porter C. McLane who is named as grantee in the conveyance from Brooks. But if this claim, as to the extent of his offer, should be conceded, he would be in no better position; for, in that case, there would be no evidence of the execution of the deed, and it could not be considered. Having failed to establish title, he cannot question the title acquired under the tz’easurer’s deed.
Affirmed.