35 Iowa 505 | Iowa | 1872
The plaintiff avers, in his petition, that he is the owner in fee simple of the east half of lot seven, in block twelve, in the town of Washington, and he sets out the conveyances showing a chain of title from the government down to himself. He then avers that the defendants claim the title and are in possession; that their claim is based on three tax sales and deeds — the first deed being dated June 21, 1856, for the taxes of 1855 ; the second, July 21,’ 1857, for the tax of 1856; and the third tax deed was made upon a sale on the 5th of November, 1860, for the taxes of 1857 and 1858, etc., the deed being
The defendants demurred to the petition because it appeared therefrom that the tax deed under which the defendants held their title, and which the plaintiff was seeking to set aside, was executed and recorded more than five years before the commencement of this action. The court sustained the demurrer. This ruling was in exact accord with the Revision, section 790, and with the decisions of this court in Eldridge v. Kuehl, 27 Iowa, 160; Thomas v. Stickle, 32 id. 71, and is, therefore,
Affirmed.