45 Iowa 112 | Iowa | 1876
In Van Shaack v. Robbins, 36 Iowa, 201, this court held that fraud committed by the purchaser at the tax sale would not defeat the title based thereon, when held by a subsequent purchaser for value, W’ho had no notice of the fraud. The section of the Revision construed in that case provides, “ that in all cases where the owner of lands sold for taxes shall resist the validity of such tax title, such owner may show and prove fraud by the officer selling the same or in the purchaser to defeat the same, and if fraud is so established such sale and title shall be void.” Rev. § 784, Code § 897. It was held that the word void must be construed to mean voidable, and that the sale and deed are not to be regarded as nullities, but as subject to be defeated in proper proceedings, when the title, in the hands of a party to the fraud, is assailed or attempted to be enforced. The rule of that decision we are satisfied is correct. The case before us is not different in principle. The language of Code, § 885, under which the title in question is assailed, is not different from section 897, construed and applied in Van Shaack v. Robbins. The principles and reasons applicable in the construction of each provision are identical.
A question is discussed by counsel involving the effect of the limitation to actions for the recovery of lands sold for taxes, found in Code, § 902. We do not find it necessary to consider the point, as the judgment of the Circuit Court for the reasons above stated must be
Aeetrmed.