100 Iowa 374 | Iowa | 1896
This action was originally commenced in 1876, to quiet the title to forty acres of land. Since, there have been changes as to parties and the subject-matter so that it now stands as an action to permit redemption of, and quiet the title to, the southwest quarter of section 5, township 98, range
As to the sale being fraudulent, because of a combination of bidders, we think the evidence comes short of showing the fact. But a single witness testifies to the fact of a combination, and that only from recollection after a lapse of about twenty-two years. He was at the tax sales in the county from 1868 to 1872, and there is no claim of such a combination at all of them. In fact, at a part of the sale for 1870, there was competition. Others, who were at these sales from 1868 to 1872, are witnesses in the' case for plaintiff, but do not give evidence on that point. Some of the reasons given for the recollection of the witness do not seem to be sustained. While it is not to be said that the witness is mistaken, it should be said that, in view of the burden being with the plaintiff