74 Iowa 288 | Iowa | 1888
The land involved in this action was a part of the land granted to the state for school purposes. In 1866 Adams county entered into a contract with Mark Homan for the sale of this land. Homan failed to make the payments required by the contract, and in March, 1881, it was foreclosed. The land was sold under special execution in June, 1882; and January 8, 1884, a sheriff5 s deed was issued, pursuant to the sale, to the purchaser, one Snyder, who is the plaintiif ’ s grantor. October 1, 1877, the land was sold to ' defendant King for the delinquent taxes of 1874-1876. The purchaser afterwards paid the taxes of 1877-1882. In December, 1886, King served plaintiif with notice of the taking of a tax deed under the sale aforesaid. The answer admits these facts, and alleges that Snyder signed the note of Homan secured by the school-land contract as surety; that judgment was rendered against him for the full amount of the note, interest and costs in the foreclosure proceedings; that he purchased the land pursuant to and under his obligation to pay the debt; and that the land is so liable in his hands, and in the hands of his grantee, for the taxes specified.
IV. Counsel for appellants have devoted a portion of their argument to the consideration of alleged fraud. We discover nothing in the record to sustain any claim of fraud.
We discover no error in the sustaining of the demurrer. The case is, therefore,
Affirmed.