II. The plaintiff came to Iowa from England in 1875, and became a resident of Mahaska county. Afterwards, and for a year or more prior to the assessment in question, the plaintiff changed his mode of doing business, and made the loans of said money in his own name, and he collected the interest and principal when they became due, and reloaned the same. The notes and mortgages were in his possession, and he had the exclusive management and control thereof, but he was accountable for his doings to the parties in England. A portion of the money, at the time of the assessment, was loaned in Kansas in the plaintiff’s name. Such loans were made by his direction, and the loans and the evidences thereof were controlled by him. It does not appear that there was any understanding between the plaintiff and the parties in England as to how long the arrangement above stated was to continue. For aught that appears, it could well continue for an indefinite time. The assessment was made for the year 1882, and is in these words, as appears from the assessor’s books: “ Hutchinson, Charles, agent for other parties, names not given, moneys and credits, $34,699; total, $34,699.”
The property taxéd is in the possession and under the control of the plaintiff. It in fact is in this state, within the meaning and intent of the statute; and can the courts, by the invocation of a fiction, defeat the plain meaning and intent of the general assembly? We think not; for it is the undoubted province of the general assembly to determine what property actually within the state is taxable, and unless the courts can
We base our conclusion on the fact that hot only is the money loaned and invested in this state, but it is under the exclusive control of the plaintiff, and therefore its situs is here, and not in England, where the owner resides. Some question is made as to the amount of the assessment, but, if assessable here at all, We are clearly of the opinion, for several reasons, that the amount is not greater than it should be.
Affirmed.