98 Iowa 639 | Iowa | 1896
In the spring of the year 1872, the independent district of Riverside, in Lyon county, was organized as a school district and continued as such until the spring of 1885, when the independent school district of Allison and the independent school district of Jackson were carved out of the territory theretofore known as the Riverside district. The affairs of the school district of Riverside were very corruptly, extravagantly, and perniciously managed. At the time plaintiff recovered the judgment hereinafter referred to, the assessed valuation of all the property within the district was eighty-four thousand two hundred and ninety-eight dollars, and the amount of the outstanding indebtedness against it was fifty thousand dollars. The largest amount of indebtedness it could legally incur under the constitutional limitation was four thousand two hundred and fourteen dollars. In the year 1882, and for some time prior thereto, one Skartvedt was the owner of certain real estate situate within the school district of Riverside. Taxes were levied and assessed against the property,. which he neglected and refused to pay, and his land was sold for taxes. Miller and Thompson, and plaintiff, Edmundson, purchased the land at tax sale, and at or about the time of the expiration of the period of redemption were proceeding to obtain a treasurer’s deed for the land. Skartvedt thereupon brought suit against the school district, the purchasers at the tax sale, the county of Lyon, and the then treasurer thereof, to enjoin and restrain the execution
The following stipulations and agreements were entered into, between the parties, at the commencement of the trial in the lower court: “It is admitted of record, that the independent dictrict of Jackson, and the independent district of Allison, now compose the territory formerly composing the old independent district of Riverside, the defendant in the judgment of J. D. Edmundson, against the independent district of Riverside. It is admitted that the independent district of Allison, and the independent district of Jackson, were organized in the spring of 1885, out of the old independent district of Riverside. It is agreed as part of the testimony in said case, that if any indebtedness of the old independent district of Riverside exists, for which the defendant districts herein are liable, the said independent district of Allison is liable for two-thirds thereof, and the independent district of