52 Iowa 220 | Iowa | 1879
The moment the purchaser paid the tax he acquired certain vested rights. The tax sale being valid there was nothing
It is urged by the appellee that a writ of mandamus cannot properly be granted, because the land owner, the real party in interest, is not a party to this action. But the land owner-would not be concluded by the deed. If, for any reason, the plaintiff is not entitled to a deed a court of equity would cancel it. Upon the case, as made, plaintiff appears to be entitled to a deed, and we think that a writ of mandamus should have-been granted to compel the defendant to execute it.
Reversed.